Diana Cheak

– SENIOR ASSOCIATE–

Diana graduated with a Bachelor of Laws (Hons) from University of Malaya in June 2013. She commenced her pupillage in MahWengKwai & Associates under the tutelage of Mr Raymond Mah.

Diana was admitted as an Advocate and Solicitor of the High Court of Malaya in July 2014. Upon admission to the Malaysian Bar, she joined MahWengKwai & Associates as an Associate.

Diana continues her practice with MahWengKwai & Associates in the areas of general litigation, corporate and commercial litigation, probate and administration of estates, labour law and contractual disputes.

Career to date

2019    Senior Associate, MahWengKwai & Associates

2014    Associate, MahWengKwai & Associates

2014    Called to the Malaysian Bar

2013    Pupil-in-Chambers, MahWengKwai & Associates

Educational achievements

2012    Bachelor of Laws (Hons), University of Malaya

Particular litigation experience

Corporate and Commercial Litigations

• Shareholders disputes, Sessions Court, High Court, Court of Appeal, Federal Court.
• Dispute arising from breach of share sale agreement, Sessions Court, High Court, Court of Appeal.
• Minority oppression, High Court, Court of Appeal.
• Dispute arising from removal of a director due to breach of fiduciary duties, High Court, Court of Appeal.
• Opposing an injunction application to stop the holding of a meeting of a company, High Court.
• Claim for return of performance bond, Sessions Court, High Court.
• Defending a claim for an unauthorised loan, Magistrates Court, High Court.
• Dispute arising from misappropriation of company funds, Sessions Court.

Industrial Relations and Labour Law

•  Employment dispute on grounds of poor performance and misconduct, Industrial Court.

Probate and Administration of Estates

• Applying to Court for Grant of Probate and Letter of Administration, High Court.
• Removal of Executor and claim against Executor for breach of fiduciary duty, High Court.

Other Civil Matters

•  Taxation of Costs, High Court.
• Attending to contested family matters, High Court.
• Registration of arbitration award, High Court.
• Dispute arising from termination of membership, Sessions Court.
• Defending a claim for loss and damages arising from breach of tenancy agreement, Sessions Court.
• Claim for vacant possession of premises and outstanding rental from tenants, Sessions Court.
• Claim by management corporation for maintenance owing by the developer, Sessions Court.

Advisory

• Advising on unlawful appointment of company directors, corporate representatives and company secretary.
• Advising on removal of company directors.
• Advising on shareholders’ rights and remedies.
• Advising on Domestic/Disciplinary Proceedings between employers-employees and associations.
• Advising on termination of employees.
• Advising and reviewing of associations’ Constitutions.
• Advising and reviewing of Employment Contracts.

Reported Cases

• Ng Bak Soon & Ors v Lee Chin Yen & Anor [2014] 1 LNS 1548
• Wong Yin Yong v Notre Dame Nursery Sdn Bhd & Ors [2016] 1 LNS 203
• Wong Yin Yong v Notre Dame Nursery Sdn Bhd & Ors [2016] 1 LNS 326

Reviews & Testimonials

• “Diana Cheak and her team are currently acting as our legal advisors in lengthy and tenacious litigation. Diana and her colleague Jasmine Wong are knowledgeable and competent in handling our cases. Both have demonstrated a high level of professionalism, efficiency, responsibility, honesty and empathy. Diana and Jasmine were always available to answer queries even outside their normal office hours throughout the four years acting as our legal advisors. I would not hesitate to recommend Diana, Jasmine and MahWengKwai & Associates to any individual, non-governmental organisation and corporation.” – Tunku Badli Tunku Ibrahim, Honorary Secretary, Federation of Complementary & Natural Medical Associations (FCNMAM)
• Our company is Wiko Mobile Malaysia Sdn Bhd. We are carrying on the trading business by offering mobile devices and accessories with innovative design, artwork and technology from France. Our company would like to thank the team of MWK, specifically Jasmine Wong, Diana Cheak and John Chan for helping our company in our employment matter. They are very professional and efficient in handling our legal case, and have shown great professionalism throughout. They are also easily accessible and very accommodative to their client’s needs. We will recommend MWK to other clients that need the relevant services in the near future. – LC Tan, Richard Liu, Anwar Liu, Wiko Mobile Malaysia, KL and Shenzhen, China
• Diana Cheak is amazing and straight to the point, very knowledgable and helpful. – Stanley Chee (Co-Founder), SalesCandy, Kuala Lumpur