Malaysia Case Law: Decisions & Judgments

Topic

Acceleration clause

Legal area

Court

25 Nov 2025

AL SAKB CAPITAL BERHAD 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIATUL ADAWIYAH BTE ABDUL RAHMAN

Citation

WA-22M-1624-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-1624-10/2023 (Mahkamah Tinggi)

The claim was dismissed because (1) the 7 August 2023 EOT Letter unambiguously extended repayment to 22 December 2023 so the suit filed on 23 October 2023 was premature and Clause 2.7 (acceleration) was not triggered prior to filing; and (2) the Plaintiff failed to prove its entitlement as its computation ignored the Agreement's 95% loss sharing obligation and thus failed to discharge the burden of proving the debt; a determination on illegality was unnecessary.
9 Jan 2025

SHAPADU MARINE PTE LTD HIJAYU MARINE SERVICES SDN BHD

Citation

WA-24NCC-469-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-469-09/2024 (Mahkamah Tinggi)

The debt arose from a consent judgment that incorporated the settlement agreement and remained valid and enforceable; the Plaintiff failed to produce the written request for the 21-day grace and paid the second milestone eight days late, thereby breaching the contract and triggering the acceleration clause restoring the Original Outstanding Sum; because the judgment was not set aside or stayed there was no bona fide dispute and no basis for a Fortuna injunction; service defects did not prejudice the Plaintiff; injunction refused and ad interim injunction discharged.
19 Nov 2024

SUPERLIFT MACHINERY SDN. BHD. 1. ) M.S. TIME SDN. BHD. 2. ) DATUK SERI MOHD EFFANDIE BIN AHMAD

Citation

JA-22NCvC-24-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-24-03/2024 (Mahkamah Tinggi)

There were no triable issues; clause 2 is properly construed to make instalments due on the 25th of each month and to permit the plaintiff to accelerate the whole outstanding balance when defaults persist beyond the specified remedial periods; defendants breached the repayment schedule and summary judgment was therefore properly entered for the plaintiff for RM862,000.00 with interest at 5% per annum on RM1,272,541.06 from 25 October 2023 until payment; defendants are jointly and severally liable.

Malaysia Case Law

AL SAKB CAPITAL BERHAD 1. ) RAHMAN BROTHERS AUTOMOTIVE SDN. BHD. 2. ) RABIATUL ADAWIYAH BTE ABDUL RAHMAN

SHAPADU MARINE PTE LTD HIJAYU MARINE SERVICES SDN BHD

SUPERLIFT MACHINERY SDN. BHD. 1. ) M.S. TIME SDN. BHD. 2. ) DATUK SERI MOHD EFFANDIE BIN AHMAD