Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of unstamped instruments

Legal area

Court

18 Jun 2025

G VENTURE ADVISORY SDN BHD 1. ) TEBOOK HOUSE SDN BHD 2. ) NOOR JEEHAN BINTI ADAM PIHAK KETIGA 1. ) Seri Almizan Enterpirse 2. ) Koperasi Perkhidmatan Pelajaran Nasional Berhad

Citation

BA-22NCC-243-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-243-12/2024 (Mahkamah Tinggi)

Summary judgment was entered for the Plaintiff because the pleaded documents (investment agreement, personal guarantee and settlement confirming liability) established a clear entitlement, the stamp‑duty objection was technical and capable of regularisation and did not defeat admissibility or the debt, and the Defendants failed to raise any credible or bona fide triable issues to defeat the claim.
30 Aug 2024

Lakhbeer Singh A/L Ajaib Singh Thamil Chelvam A/L Subramaniam

Citation

WA-B52NCvC-239-07/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-239-07/2020 (Mahkamah Sesyen)

On the balance of probabilities the SPA was a sham and served as collateral for an illegal moneylending arrangement: the plaintiff (a licensed moneylender) charged and received interest inconsistent with statutory form/limits, failed to stamp the SPA, failed to take steps to obtain required consent and did not follow prescribed moneylending formalities; accordingly the SPA was void for illegality under Contracts Act s24 and unenforceable, and specific performance was denied.
8 Mar 2023

CHONG TIN FON 1. ) CHAN TECK CHONG 2. ) WONG SIEW WOON

Citation

WA-22NCC-274-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-274-06/2021 (Mahkamah Tinggi)

The SSA was a concluded and binding contract: it contained all essential terms, was acted upon by both parties (including resignation by plaintiff and partial payment by defendants), the alleged conditional term did not render the SSA inoperative, and the January and June 2020 oral agreements did not supersede the SSA; accordingly defendants breached the SSA by leaving RM10,000,000 unpaid and the court ordered payment and specific performance.

Malaysia Case Law

G VENTURE ADVISORY SDN BHD 1. ) TEBOOK HOUSE SDN BHD 2. ) NOOR JEEHAN BINTI ADAM PIHAK KETIGA 1. ) Seri Almizan Enterpirse 2. ) Koperasi Perkhidmatan Pelajaran Nasional Berhad

Lakhbeer Singh A/L Ajaib Singh Thamil Chelvam A/L Subramaniam

CHONG TIN FON 1. ) CHAN TECK CHONG 2. ) WONG SIEW WOON