Malaysia Case Law: Decisions & Judgments

Topic

Acknowledgment of debt

Legal area

Court

24 Oct 2025

1. ) JOHAN BIN RAMLI 2. ) NOR A'SHIKIN BINTI ABDULLAH 1. ) AMEER BIN NOORDIN 2. ) NOR ASMAH BINTI HASHIM

Citation

BA-22NCvC-242-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-242-06/2024 (Mahkamah Tinggi)

The 2nd Defendant was the purchaser's solicitor and agent, not a jointly appointed stakeholder; payment to her did not discharge the purchaser's obligation; part payment and the unequivocal WhatsApp acknowledgment on 12 November 2019 restarted the limitation period so the 2024 suit is within time; no bona fide triable issue exists; summary judgment granted for the unpaid balance of RM760,000 plus interest and costs.
11 Sept 2025

TOSHIBA Elevator (Malaysia) Sdn Bhd TANJUNG TERAS SDN BHD

Citation

WA-A52NCvC-33-01/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-33-01/2022 (Mahkamah Sesyen)

On the balance of probabilities the court found Plaintiff completed the contracted works and proved variation works of RM53,432.00; Defendant failed to prove any agreement by Plaintiff to reduce the contract price and Defendant's 2018 acknowledgment revived the limitation period; accordingly Plaintiff was entitled to the unpaid balance of RM178,963.70 and the claim was not time-barred.
8 Nov 2024

CHUN YEW LEONG LEE AH KOW @ LEE JIN XIAN

Citation

WA-A52NCC-904-03/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCC-904-03/2023 (Mahkamah Sesyen)

The application to set aside the default judgment was dismissed because the default judgment was regular and properly served, the defendant filed the application nearly ten months after receipt without satisfactory explanation, and the defendant failed to demonstrate a prima facie meritorious defence supported by affidavit evidence; on the balance of probabilities denial of relief was appropriate and costs were awarded to the plaintiff.
25 Mar 2024

PADIBERAS NASIONAL BERHAD 1. ) ZAKIRON ENTERPRISE SDN BHD 2. ) MOHD ZAKIRON BIN ZAHID 3. ) LIZAM BIN ZAHID

Citation

DA-22NCvC-32-08/2017 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-32-08/2017 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff proved Defendant 1 owed the claimed sums and Defendants 2 and 3 were jointly liable under the guarantee/indemnity. The court relied on contemporaneous admissions including an audit confirmation signed by a director, multiple payments and a payment schedule letter, and the defendants' failure to timely dispute the demands. Those facts defeated the limitation defense and other offset claims which were not substantiated; judgment was therefore entered for the plaintiff with costs.
14 Mar 2024

HECKLER & KOCH GMBH (Syarikat Jerman, didaftarkan di Mahkamah Stuggart dibawah No - HRB 481250) ZAIKRY SANY BIN MOHD ISA berniaga sebagai MYDEFENSE TECHNOLOGY (No. Pendaftaran Perniagaan - 201403219775)

Citation

AA-22NCC-6-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCC-6-04/2022 (Mahkamah Tinggi)

Defendant breached the contracts by failing to pay; repeated acknowledgements of debt and part payments constituted admissions of indebtedness; any alleged delivery delays were waived or contingent on permits and did not excuse non-payment; the asserted transfer of liability to a third party was unpleaded and unproven; accordingly plaintiff entitled to the outstanding EUR 753,473.00, interest at 5% per annum from date of filing until full payment, and costs RM10,000.00.
11 Aug 2023

CHIN HAN SIONG ENRICH GARDEN CITY SDN. BHD.

Citation

CA-A72NCC-55-02/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCC-55-02/2023 (Mahkamah Majistret)

The defendant's letter dated 13.02.2017 was a written, signed acknowledgment of liability addressed to the plaintiff satisfying Sections 26 and 27 of the Limitation Act 1953 and thereby refreshed the cause of action; the plaintiff met the requirements for summary judgment under Order 14 and the defendant failed to raise any triable issue, so summary judgment was granted for the plaintiff with costs.
11 Aug 2023

ARTINI BINTI AB RASHID ENRICH GARDEN CITY SDN BHD

Citation

CA-A72NCC-138-04/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCC-138-04/2023 (Mahkamah Majistret)

The court held the defendant's letter dated 26.04.2017 was a written, signed acknowledgment of liability addressed to the plaintiff that satisfied sections 26 and 27 Limitation Act 1953, thereby producing a fresh accrual and rendering the claim within time; the plaintiff satisfied Order 14 requisites and the defendant failed to raise any triable issue, so summary judgment was appropriate.

Malaysia Case Law

1. ) JOHAN BIN RAMLI 2. ) NOR A'SHIKIN BINTI ABDULLAH 1. ) AMEER BIN NOORDIN 2. ) NOR ASMAH BINTI HASHIM

TOSHIBA Elevator (Malaysia) Sdn Bhd TANJUNG TERAS SDN BHD

CHUN YEW LEONG LEE AH KOW @ LEE JIN XIAN

PADIBERAS NASIONAL BERHAD 1. ) ZAKIRON ENTERPRISE SDN BHD 2. ) MOHD ZAKIRON BIN ZAHID 3. ) LIZAM BIN ZAHID

HECKLER & KOCH GMBH (Syarikat Jerman, didaftarkan di Mahkamah Stuggart dibawah No - HRB 481250) ZAIKRY SANY BIN MOHD ISA berniaga sebagai MYDEFENSE TECHNOLOGY (No. Pendaftaran Perniagaan - 201403219775)

CHIN HAN SIONG ENRICH GARDEN CITY SDN. BHD.

ARTINI BINTI AB RASHID ENRICH GARDEN CITY SDN BHD