Koh Kean Kang
About Koh Kean Kang
Koh Kean Kang appears as counsel of record in 3 reported Malaysia judgments (2024–2025). These were heard before MYHC (3).
On the court record
Koh Kean Kang appears in the corpus in housing and strata-management disputes, argued in the High Court (Mahkamah Tinggi), often at the intersection of private-law claims and public-law review. One matter, appearing for the plaintiff, was a consolidated action by a group of house buyers that drew a strike-out and a stay application, and raised the objection of abuse of process through 'litigation by instalments': the buyers had filed both a writ action claiming liquidated ascertained damages for late delivery and a judicial review challenging the validity of an extension of time granted by the Housing Controller, but not all the writ plaintiffs were applicants in the judicial review; the questions were whether the matter was predominantly a public-law one, whether the claims could have been finally determined in the judicial review, and how a consolidated action comprising individual claims that did not each meet the High Court's monetary jurisdiction should be treated. Two further matters, appearing for the applicant, were challenges to decisions of the Strata Management Tribunal that had allowed a management committee's claim for miscellaneous charges — insurance premium, sanitary charges and quit rent — and for arrears of maintenance charges computed on a square-foot basis and said not to have been tabled before the annual general meeting. The questions were whether the Tribunal's award was ultra vires the Strata Management Act 2013 because the Act envisages only maintenance charges and sinking-fund contributions, whether the Tribunal could decide disputed facts on the evidence, and whether the award trespassed on issues already determined in an earlier High Court suit. Across the appearances the practice is concentrated on the statutory protection of house buyers and parcel proprietors and on the boundary between the ordinary courts and the specialised housing and strata tribunals, where the choice of forum and the reach of the tribunal's jurisdiction are recurring battlegrounds.
How many cases has Koh Kean Kang appeared in?
Koh Kean Kang appears as counsel of record in 3 reported Malaysia judgments (2024–2025).
Which courts does Koh Kean Kang appear in?
Koh Kean Kang appears before MYHC (3).
What abuse-of-process objection did the buyers' action face?
That it amounted to 'litigation by instalments' — the buyers had filed both a writ claiming liquidated ascertained damages and a judicial review challenging the Housing Controller's grant of an extension of time, with not all writ plaintiffs being applicants in the review — raising whether the matter was predominantly public-law and whether the claims could have been finally determined in the judicial review.
On what basis were the Strata Management Tribunal awards challenged?
That allowing claims for miscellaneous charges (insurance premium, sanitary charges and quit rent) and for maintenance arrears computed by square foot and not tabled at the AGM was ultra vires the Strata Management Act 2013, which envisages only maintenance charges and sinking-fund contributions, and that the Tribunal had decided issues already determined in an earlier High Court suit.