Zen, Chyuan & Farliza 正，荃与法莉莎律师楼

13/08/2025

Following a string of victories we had in the past few weeks, today our counsels have attended Court of Appeal and successfully overturned the decision given by the High Court Judge, and obtained a decision in favour of our client.

This case is pertaining to a simple printing machinery rental by our client, whereby our client had purportedly owed the Printing machinery company an outstanding sum. Unbeknownst to our client, they have previously signed a contract which states that any late payment shall be charged a 0.04 daily interest, which ultimately accrued to a huge exorbitant sum, which is more than thrice the amount due and owing. Our client is under the threat of bankruptcy and the previous law firm representing him has no luck in the lower courts, so the client came to us for assistance.

The Court of Appeal upon hearing our submissions had decided that the interest charges (which is approximately RM200k) are not proven, based on the simple fact that the service contracts which stipulates this interest is not stamped (which should render it inadmissible, but it is not done so in the courts below) and there is no direct oral evidence given to the effect of this interest.

The Respondent initially sought to rely on the monthly invoices which states a clause for the imposition of the 0.04% daily interest, however our counsels are also successful in convincing the court that the invoices cannot be used to prove the existence of a term in the contract, and the receipt of the invoices by our client is questionable at best.

At the end of the day, our client is exempt from paying the exorbitant interest rate, ending their fight from 2017 until today on a happier note.

在过去几周连获多场胜利之后，今日本所律师出席上诉庭听审，并成功推翻高等法院法官先前的裁决，为当事人争取到有利的判决。

本案涉及当事人与某印刷机械公司之间一宗简单的印刷机械租赁事宜。该公司声称当事人尚欠其一笔未清偿的款项。殊不知，当事人早前曾签署过一份合同，其中规定，凡逾期付款，将按每日 0.04% 收取利息，最终累计至一笔极为高昂的金额，甚至超过本金的三倍。当事人因此面临破产威胁，而此前所委托的律师事务所在下级法院并未取得成功，故当事人转而委托本所协助。

上诉庭在听取我方陈词后裁定，该笔约二十万令吉的利息并无法律依据。其主要原因是：载有该利息条款的服务合同并未加盖印花税印记（按规定应导致其在法庭上不可作为证据，但下级法院并未如此处理），且无任何直接的口头证据证明该利息条款的存在。

被上诉人最初企图依赖每月发出的发票，声称发票上载有每日 0.04% 利息的条款。然而，我方律师亦成功说服法庭认定：发票不能作为证明合同条款存在的依据，且当事人是否确实收到这些发票亦存有严重疑问。

最终，我方当事人获判无需支付这笔高额利息，自 2017 年以来的漫长诉讼至此画上圆满句号。

18/05/2024

Our law firm is grateful to be a part of this community service project initiated by Persatuan Prihatin Komuniti Harmoni Pulau Pinang together with the support of YB Wong Yuee Harng (Adun Pengkalan Kota). Together with our fellow professional colleagues, we will be providing a bi-weekly free professional advice session to the public at every 1st and 3rd Friday of each month, which encompasses any professional problems including legal, accounting, taxations, policy advisory and others.

Kindly contact the Pusat Khidmat KADUN Pengkalan Kota - YB Wong Yuee Harng’s office at 04-2992574 or Mr. Tan Khim Siang at 012-5579680 to schedule your consultation.

We also thank the media for the coverage of this social responsibility program.

China Press:

https://penang.chinapress.com.my/20240513/%e6%a7%9f%e5%9f%8e%e7%a4%be%e5%8c%ba%e5%92%8c%e8%b0%90%e5%85%b3%e6%80%80%e5%8d%8f%e4%bc%9a-%e6%af%8f%e9%80%b1%e4%b8%a4%e6%ac%a1-%e5%9c%a8%e5%bd%ad%e5%8a%a0%e7%8f%ad%e5%93%a5%e6%89%93%e5%8a%9e%e6%b3%95/

Guang ming daily:

https://guangming.com.my/檳社區和諧關懷協會-免費法律諮詢等服務

Kwong Wah Yit Poh:

https://www.kwongwah.com.my/20240513/%e6%b3%95%e5%be%8b%e3%80%81%e7%a8%8e%e5%8a%a1%e3%80%81%e5%95%86%e4%b8%9a%e6%b3%a8%e5%86%8c%e6%88%96%e4%bf%9d%e5%8d%95%e9%97%ae%e9%a2%98%e5%92%a8%e8%af%a217%e6%97%a5%e8%b5%b7%e6%af%8f%e6%9c%88%e5%ae%9a/

Bulletin Mutiara:

https://www.buletinmutiara.com/%E4%B8%93%E4%B8%9A%E9%9A%BE%E9%A2%98/

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11/03/2024

Penang High Court 11.03.2024 - An Appeal from the ASDB

Today, the Penang High Court had heard our appeal in relation to a complaint made at the advocates & solicitors Disciplinary Board. Our client had previously made a complaint at the ASDB which claims that a particular lawyer had negotiated and accepted settlement monies without the instructions, consent or even knowledge of our client.

The 3 person panel of the Disciplinary Committee had heard the entire case and found the lawyer to be liable for three (3) misconducts, and had acted against the best interest of the client, and would bring disrepute to the legal profession. The Disciplinary Board initially agreed with the findings, and decided to impose a heftier fine than what was recommended by the Committee. Yet, the Disciplinary Board later had inexplicably reversed the findings and rejected the finding by the Committee panel, without providing reasons.

Today, the learned High Court Judge had accepted our submissions that the Board's action (in reversing the Committee's findings and yet failed to provide reasons) is illegal and a procedural impropriety. The learned Judge had then set aside the Boards' decision, and reinstated the findings of the Disciplinary Committee which finds that the lawyer had committed misconduct, and recommendation for him to be censured, and be imposed a fine of RM5,000.00 to RM20,000.00.

It is always good to see our client's interest upheld and justice being served.

27/01/2024

On 25.01.2024, Zen, Chyuan & Farliza 正，荃与法莉莎律师楼 together with Halim Hong & Quek and JCI United Penang 槟城文华国际青年商会 had co-organised the 2nd Coffee Talk Session at LAVA Mansion.

Our firm's Mr Loh had shared the benefits of intellectual property in terms of business development, whereas Ms Lee Weei from HHQ had given acute insights as to preference shares and ESG requirements in Malaysia.

We convey our immense gratitude for the efforts and support from all organising parties and members who had assisted us along the way, and of course we give appreciation to those who had taken time to attend the talk. Thanks to all for making this a success!

Visit www.zenchyuan.com for more details.

14/12/2023

Thanks Coco Lim for your unwavering trust and appreciation given to us!

This is a defamation trial which we have taken on since the very humble beginning of this firm. Our client had posted about certain business practices which had misled customers in hopes to raise public awareness. As a result, she was brought to Court on defamation allegations.

During trial, we have established numerous evidence and admissions that what my client said is based on true facts, and therefore her statement is justified and based on fair comments. It is unfortunate however that the evidence and admissions were not considered and judgment was entered against our client.

On 13.12.2023, the Court of Appeal had heard our client's application for leave to appeal, and agreed with our counsel's submissions that there is indeed prima facie error in the learned High Court Judge's decision. The Court of Appeal decided in favour of our client and allowed our client's case to be heard again in full appeal hearing.

We are pleased with the current outcome and will do our best to continue to protect your interest in the appeal proper.

15/10/2023

Want to further understand how your trademark can go international, and what is the future of trademark law? Read all about it in our article!

It has been approximately 3 years since Malaysia’s accession to the Madrid Protocol System in 27.09.2019 in Geneva and since then, the effects of this inclusive system has slowly been felt in trademark registration market, predominantly in the sense that the trademark proprietors and business’ o...

12/10/2023

This is a good week for Zen, Chyuan & Farliza.

On 11.10.2023, we have won a long and tough battle in a case that has been ongoing for 4 years since 2019 against Tenaga Nasional Berhad, whereby our client was sued for alleged meter tampering for a premise that he had rented out.

It is well known that it is notoriously difficult to fight against Tenaga Nasional Berhad for meter tampering claims due to the manner in which the law is framed. We have challenged on many points, including the illegality of the Section 38(4) Written Statement, the inaccuracies of the calculation , and the proof of meter tampering. Ultimately, it is decided by the Muar Court that Tenaga Nasional Berhad's claim for loss of revenue arising from the alleged meter tampering is dismissed with costs, allowing the electricity supply users more rights against wrongful claims as such.

Then on 12.10.2013, we have also went to the Federal Court to defend against an appeal filed by a Klang Valley area Developer against our client. Our client had purchased a house but due to delays not caused by our client, the Bank had released the balance purchase price late. The Developer then charged Late Payment interest against our client, and withheld vacant possession since 2017 until this very day. That is 6 years which he paid for a house he cant stay.

Our client's previous lawyers filed a Judicial Review in High Court but has failed. We took over at the Court of Appeal stage and overturned the High Court award, in which the appellate court had adjudged that the LPI imposed by the Developer is illegal. Today, the Federal Court had hold the same views and dismissed the Developer's appeal.

We are grateful and pleased with the administration of justice in our client's favour and is always committed to protect our client's best interest.

By Loh Cien Zen, Partner and Head of Litigation for Zen, Chyuan & Farliza

23/06/2023

Brief case update:

Zen, Chyuan & Farliza is pleased to provide a case update pertaining to our client, Megamal Pinang Jmb 's claim for maintenance charges against proprietors whom has defaulted in payment. Defaulting proprietors have raised arguments that the maintenance charges are in breach of S.25 of the Strata Management Act 1013 and the previous Court of Appeal case of Menara Rajawali, in terms of the different maintenance rates charged to different parcels, specifically between parcels which have been receiving utility services and parcels which have not.

We have provided arguments on fairness, proportionality and equitableness in support of our client's actions, and we have obtained summary judgment against the proprietor. An appeal in the high court ensued, of which we still obtained decision in favour of our client.

On 21.06.2023, the Court of Appeal had affirmed the High Court's decision whereby the Joint Management Body is entitled to charge different rates if it includes utility charges which one parcel owner has enjoyed, and the other parcel owner has not.

This decision in effect allows Joint Management Bodies to still be entitled to maintenance charges even if such maintenance rate is not uniformly equal between all parcel owners. The nuance of factual matrix, specifically on what kind of services received by each parcel owner may be taken into account. This works towards the fairness, equitableness and proportionality between all parcel owners.

We are grateful for the Court of Appeal's utmost wisdom and we are pleased to be of service to our client. We shall endeavour to always work for our client's best interest.

26/03/2023

On 25.03.2023, our firm in collaboration with Halim Hong & Quek and Harold & Lam Partnership had organized the event "Stay Awake with Coffee & Law" where our speakers had shared insights on Corporate Governance, Employment Law, and Trademark Registration with the attendees.

We convey our utmost gratitude to the amazing colleagues from our collaborating law firms who had organized this event to such success. Our appreciation also goes to all of the attendees who supported us and given us feedback on this event. Hope you all enjoyed the coffee, the food and most importantly, the talk!

We will be having another event soon, so stay tuned!

11/03/2023

We are pleased to announce that our firm, Zen, Chyuan & Farliza in collaboration with Messrs Halim, Hong & Quek (Penang) with a view to promote and raise public awareness on SME expansion, governance and branding, has organised our first joint collaboration event, "STAY AWAKE WITH COFFEE & LAW"!

In this Hybrid Event which is happening both online and physical, our speakers will be talking about (1) the legal considerations for the expansion of SMEs with our valuable clients & (2) trademark purposes in building business brands.

We would like to extend our invitation to all of our clients and followers to join us. You may elect to join us via online (Teams) whereby the viewing link will be provided upon your registration, or if you are a company/corporate business representative, you may elect to join us physically at the following venue (subject to limited seatings only!**)

Date: 25 March 2023 (Saturday)
Time: 2.30pm - 5.00pm
📍Venue(s):
1️⃣Golden Egg Cafe & Restaurant, Georgetown Penang (limited to 30 seats with light refreshments provided)

2️⃣ Online virtual (Teams)
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FREE Registration
shorturl.at/dhqvW

** Due to limited seating, physical attendance is currently open to individuals with company/corporate representation, and we reserve our rights to change registration from physical attendance to online attendance at least 3 days prior to the event.