Qualifications:

• Certificate in Legal Practice
• LLM (ECUPL)
• Bachelor of Law (Hons), University of Oxford Brookes

Profile:

Gan Chong Chieh is a highly regarded dispute resolution lawyer with more than 15 years of experience in complex litigation, construction disputes, commercial conflicts, estate administration, banking litigation and corporate advisory matters. As Partner of Malynda, Mak & Partners, he leads the firm’s litigation portfolio and brings with him extensive courtroom, arbitration and adjudication experience across a broad range of high-value and high-impact disputes.

Recognised by AsiaLaw as a Leading Lawyer (Rising Star) in Dispute Resolution from 2021 to 2024, Gan is known for his strategic, practical and commercially focused approach to resolving disputes. He has acted in numerous significant cases before the High Court and Court of Appeal, including matters involving multi-million ringgit claims, construction and strata disputes, shareholder and partnership conflicts, estate disputes, banking litigation and judicial review proceedings. 

Gan also possesses strong international exposure, having obtained his Master of Laws in International Economic Law from the East China University of Political Science and Law under a scholarship awarded by the Chinese Ministry of Education. He previously headed the ASEAN-China Desk at mahwengkwai.com⁠ advising on inbound and outbound investments and cross-border legal matters involving Chinese businesses and investors. 

Apart from active legal practice, Gan is also a respected legal author and speaker. He is the author of Contempt of Court in Malaysia: Practice and Procedure and Handbook on Enforcement and Recovery Proceedings, and has contributed extensively to legal publications by LexisNexis and Thomson Reuters. He is frequently invited to speak at legal conferences, universities and industry forums on topics relating to dispute resolution, estate administration, contempt proceedings and corporate disputes.

His combination of litigation experience, technical legal knowledge, international perspective and thought leadership makes him a trusted advisor for businesses, developers, professionals and individuals seeking effective legal representation and strategic.

Experience

Arbitration

● 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

Adjudication

● Payment claim by a subcontractor for electrical engineering services for a condominium project

● Payment claim by a main contractor for interior design services and works for an office building

Construction

● 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

● Disputes between a renowned developer and purchasers on the calculation of liquidated ascertained damages (LAD) to be computed from the date of booking fee or the date of the Sale and Purchase Agreement, High Court

● Disputes arising from the supervision, design and construction of bored piles for a high rise apartment project, High Court

● Claim for outstanding professional fees against the developer of a mixed development project, High Court

● Defending claims against a contractor for the collapse of water tanks in a development project, High Court

● Disputes arising from the rental of heavy duty shoring materials for the construction of a commercial project, Sessions Court

● Defending a paper manufacturer company for alleged unlawful termination of a construction project, Sessions Court

Commercial

● Disputes over the ownership of 26 vehicles in excess of RM2.8 million, Court of Appeal

● Claim by a Chinese company under the tort of detinue for machineries and raw materials, High Court

● Defending a Chinese insurance company in a claim by a reinsurance company for declaration to set aside an enforcement order, High Court

● Partnership dispute of a fishery business, High Court

● Defending a claim in excess of RM17 million by a Malaysian bank, High Court

● Disputes arising from the unlawful termination of distributors of a multi-level marketing company, High Court

● Partnership dispute between professional engineers, High Court

● Defending a former CEO of an agency owned by the Ministry of Finance for alleged breach of fiduciary duties, High Court

● Defending a subsidiary of a public listed property development company for liquidated ascertained damages (LAD) claim from a purchaser, Sessions Court

● Defending charges against a director of a listed company for making false and misleading disclosures to the Securities Commission, Sessions Court

                     

Criminal

● Defending a juvenile on charges of assault and possession of drugs, Sessions Court 

                     

Estate Administration

● Defending the executors of an estate against a challenge on the validity of the deceased’s will, High Court

● Application to remove a public trust corporation as trustee under a deed of trust, High Court

● Disputes between the executors of an estate worth in excess of RM60 million, High Court

● Claim by the nominee of the deceasedʼs EPF for declaration that distribution under the will excludes EPF payouts, High Court

● Application to remove executor for breach of fiduciary duties, High Court

● Application to compel the performance of duties by an executor, High Court

Joint Management Bodies / Management Corporations

● Defending the owners against allegations of abuse of powers and misappropriation of funds, High Court

● Claim by purchasers against the developer for breaching the Sale and Purchase Agreements, High Court

● Claim by JMB against the developer for the undersized Sewage Treatment Plant and unlawful installation of grease tank on the common property, High Court

● Claim by management corporation for maintenance charges by the developer, Sessions Court

Company Law

● Reinstating a company to the register of companies after having struck off, High Court

● Disputes arising from the unlawful termination of distributors of a multi-level marketing company, High Court

● Advised on a Joint Venture exercise for a company in the construction and project development sector

Judicial Review

● Judicial review against a stop work order issued by DBKL against a renowned temple, High Court 

Defamation

● Defending the distributors of a multi-level marketing company from a defamation claim, High Court

● Defending an individual against defamation claim brought by a doctor based on a complaint to the Malaysian Medical Council, High Court

Other Civil Matters

● Advising, representing and defending an insurance company for various claims, High Court and Sessions Court

● Reviewing the employment agreement of an international automotive software company based in Malaysia

● Advising and reviewing the settlement agreement between one of Chinaʼs largest industrial gases manufacturer and its employee's next of kin

● Advising, reviewing and drafting of power of attorney and deed of trust

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) 

Published Books

● Author of Handbook on Enforcement and Recovery Proceedings, Lexis Nexis Malaysia [2025]

● Annotated the Annotated Statutes of Malaysia - Persons with Disabilities Act 2008 [2022]

● Author of Contempt of Court in Malaysia: Practice and Procedure, Thomson Reuters [2022]

● Updated the Atkinʼs Court Forms Malaysia for Evidence, Lexis Nexis Malaysia [2022]

● Updated the Atkin's Court Forms Malaysia for Probate, Lexis Nexis Malaysia [2022]

Published 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)

Speaking Engagement

● Amanahraya Online Conference 2024 “Pengurusan Legasi Di Malaysia: Antara Tradisi & Inovasi” (November 2024)

● Malaysia Law Property Conference (October 2024)

● “Within and Beyond the Will: Strategies to Prevent Family Feuds” MWKA Online Talk (July 2024)

● “Inheritance Crossroads: Challenges in Estate Administration and Common Estate Disputes” by Selangor Bar (May 2024)

● “Anachronism or Bulwark: A Malaysian Perspective” at the LAWASIA Conference 2023 on the session of Contempt of Court, Anachronism or Necessary Bulwark? (Bengaluru, November 2023)

● “Contempt of Court” Selangor Bar (October 2023)

● “Procedure and Practical Challenges in Contempt Proceedings” Taylorʼs University LLM programme (June 2023)

● “The Law Demystified: Mental Health Act and Persons with Disabilities Act” Lexis Nexis Southeast Asia Inclusion and Diversity Taskforce (February 2023)

● “Legal Talk 2020: The Explorer Series - Family Law” Brickfields Asia College Career Club (October 2020)

● “Successful Legacy Planning By Managing Your Wills and Administration of Estate in Malaysia” UOB-Prudential (September 2020)

● “Wills in Malaysia” Selangor Bar (June 2016)

● "Wills in Malaysia" Bar Council of Malaysia (February 2016)

Pro Bono

● Represented accused persons charged with drugs related and assault offences.

● Assisted DID My Academy Sdn Bhd, a company and academy with Social Enterprise Accreditation for the young and adults with all forms of medical disabilities and medical challenges to attain self-sufficiency, to review and advise on its employment agreements with persons with disabilities.

● Assisted Concern Worldwide, a humanitarian aid agency based in Ireland, to prepare a legal opinion on setting up of a charitable entity in Malaysia and the requirements for tax exemption on charitable donations.

● Assisted Liberty to Learn Berhad also known as Fugee, an NGO that empowers refugees through education, with the drafting of its template Volunteer Contract.

● Assisted EarthHeir, a social enterprise which provides sustainable livelihood to women's cooperatives, indigenous tribes and refugees groups, with the reviewing and drafting of its template consignment agreement.

Media Coverage

● “How to Execute a Legally Binding Will” <专家话> segment, Melody FM (May 2023)

● iProperty.com.my [2022]: Property inheritance in Malaysia: Related laws and applications for letters

    of administration

● “Wills and Administration of Estates” <早知 Law> segment, Melody FM (May 2020)

● “Wills and Administration of Estates” <"早知 Law> segment, Melody FM (July 2019)

● China Daily Asia Weekly 2-8 Oct 2017: China playing key role in building rail links across region to

    help realize Belt & Road's plan for greater connectivity