Gan Chong Chieh

– PARTNER –

Gan graduated with a Bachelor of Laws (Hons) from the University of London (External) in 2007 and completed his Certificate of Legal Practice in 2008. He chambered under Dato’ Mah Weng Kwai and was admitted as an Advocate and Solicitor of the High Court of Malaya in September 2009. Gan was made a partner of the firm in March 2019.

Gan obtained a Masters of Laws in International Economic Law from the East China University of Political Science and Law (ECUPL) under a scholarship of the Chinese Ministry of Education in 2017. He also heads the firm’s ASEAN-China Desk for inbound and outbound investments.

Gan practices in the areas of construction, strata management disputes, contested and uncontested estate matters, debt recovery, banking litigation, commercial litigation and general litigation.

Career to date

2019   Partner, MahWengKwai & Associates

2015    Senior Associate, MahWengKwai & Associates

2009   Associate, MahWengKwai & Associates

2009   Called to the Malaysian Bar

2008   Pupil-in-Chambers, MahWengKwai, Seow & Megat

Affiliations

• Volunteer lawyer of Yayasan Bantuan Guaman Kebangsaan
• Volunteer of TrustLaw, a Thomson Reuters Foundation pro bono legal programme

Educational achievements

2017   LLM in International Economic Law, East China University of Political Science and Law (ECUPL)

2008   Certificate of Legal Practice

2006   Bachelor of Laws (Hons), University of London

Particular litigation experience

• Claim to challenge the validity of planning permission for a hypermarket, Court of Appeal.
• Disputes over the supply of aluminium panels for building cladding, Court of Appeal.
• Judicial review regarding the acquisition of land for use as a public road, Court of Appeal.
• Disputes arising from the design and construction of bored piles for a high rise apartment project, High Court.
• Defending a claim in excess of RM17 million by a Malaysian bank, High Court.
• Disputes arising from the rental of heavy duty shoring materials for the construction of a commercial project, Sessions Court.
• Defending charges against a director of a listed company for making false and misleading disclosures to the Securities Commission.

Particular arbitration experience

• Claim by a French company for the refund of RM1.2 million for non delivery of goods
• Disputes arising from the laying of public works water lines
• Disputes arising from the construction of a budget hotel
• Claim for professional fees against the developer of a mixed development project

Reported cases

• EUPE Bangsar South Development (JV) Sdn Bhd v Lam Sai Yih [2023] 1 CLJ 194 (High Court)
• Asia Honour Paper Industries Sdn Bhd v Viridis Engineering Sdn Bhd [2021] 1 LNS 2229 (High Court)
• PJ Centrestage JMB v Cherish Springs Sdn Bhd & Anor [2020] MLJU 710 (High Court)
• WEA Engineers & Associates Sdn Bhd v Grandstep Development Sdn Bhd [2020] 11 MLJ 68 (High Court)
• Tang Seng Cheong & Anor v Wong Pooi Yen [2019] MLJU 2047 (High Court)
• Perbadanan Pengurusan Genting Permai Park & Resort v Aphem Sdn Bhd [2015] MLJU 278 (High Court)
• Ng Bak Soon & Ors v Lee Chin Yen & Anor [2014] 1 LNS 1548 (High Court)
• Demag (M) Sdn Bhd v Greenlinx Sdn Bhd [2012] 5 MLJ 687 (Court of Appeal)
• Perbadanan Nasional Berhad v. Shaharin Shaharudin [2011] 9 CLJ 208 (High Court)
• Chok Kai Kuang v A.R. Yahya & Co & Anor [2019] MLJU 439 (High Court)
• Mohd Ghazali Ahmad Nasuruddin v Chok Kai Kuang & Anor [2019] MLJU 269 (High Court)
• Mohd Ghazali Ahmad Nasuruddin v Chok Kai Kuang & Anor [2018] MLJU 1237 (High Court)
• Simon Choong v Dragon Ginseng Enterprise Sdn Bhd [2015] MLJU 898 (High Court)

Articles

• “Malaysia, Musang King and the Belt and Road Initiative “ Asian Business Legal China Edition (September 2017)
• “Renovation Contracts: Towards a Worry-Free Relationship with Your Contractor” Home & Décor Magazine Issue 62 (December 2015)
• “Mesmerising Medan” Travel 3Sixty Airasia Inflight Magazine Issue 98 (September 2015)
• “Guilty or Not Guilty?” TheLink Magazine Issue 09 (March 2012-May 2012)

Reviews & Testimonials

• “Great experience dealing with Gan & Anis on our case. They were both detail-oriented while maintaining an overall strategic focus in the litigation with the counterparty. Their knowledge and experience in the area of Strata Management aided greatly in delivering a successful outcome. They are the go-to team for this new body of law in Malaysia. Definitely the legal team to have in your corner. Thank you Gan & Anis.”- Hansen Goh
• “Raymond, Gan Chong Chieh, Hannah, Sebastian and the litigation team from MahWengKwai & Associates have always been ready to respond to our needs quickly, providing clear and practical advice. We have found them easy to work with and we particularly appreciate both their flexibility and dedication to their tasks.” -EUPE Bangsar South Development (JV) Sdn Bhd
• “My previous lawyer filed my claim against a contractor client for outstanding design & build consultancy fees of RM157,000 and this was met with a counterclaim of over RM800,000.I engaged Mr Raymond Mah and his team at Messrs. MahWengKwai & Associates to conduct the trial at the Shah Alam High Court, which involved evidence and arguments on engineering matters, including the design and supervision of bored piles.I was very pleased with Raymond’s ability to quickly grasp the engineering concepts involved and his attention to detail. The team consisting of Raymond and Mr. Gan Chong Chieh was meticulous in its preparation and efficient in its delivery. I appreciated that Raymond and Gan always took case and to keep me informed of the progress of the case. Working closely together, we won my claim and successfully defended the counterclaim.” – Ir. Dr. Wong Fook Keong, Consulting Engineer and Chartered Arbitrator, WEA Engineers & Associates Sdn Bhd