Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of documents (part c)

Legal area

Court

8 Oct 2025

1. ) Adderina Binti Kaharudin 2. ) Jihadi Bin Kaharudin LIM YEW JIN

Citation

W-02(NCvC)(W)-621-04/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-621-04/2023 (Mahkamah Rayuan)

The Court found on the balance of probabilities that an express trust existed: the Trust Deed, Power of Attorney and Consent Letters were admissible and corroborated by credible witnesses and statutory declaration; the three certainties of trust were met; the Appellants failed to prove forgery, absence of consideration or that the lands were Malay reserved; registration under s.344 NLC was not mandatory in the circumstances; no appealable error was shown and the trial judge's findings were not plainly wrong.
5 Feb 2024

1. ) Presto Supermarkets (Subang) Sdn Bhd [Business Registration No.: 938843-t] 2. ) Azrin @ Farah Azrin Binti Zuhdi [Identity Card No.: ] [Othman Hashim & Co 3. ) XXXX ATTIC HOLDINGS SDN BHD

Citation

B-02(NCvC)(W)-1248-07/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-1248-07/2019 (Mahkamah Rayuan)

The Court upheld the High Court that Attic did not commit a fundamental breach or negligence sufficient to justify Presto's early termination; the directors' guarantee was valid and enforceable; reinstatement costs and unpaid rent and loss for unexpired term were recoverable; however double rent award was set aside because Presto had handed over physical possession (14 July 2015) and therefore was not 'holding over' under s.28(4) CLA despite failing to reinstate to bare state; Part C Beca report was inadmissible absent maker and primary evidence.
3 Oct 2023

ABIRAMEE A/P RAMALINGAN 1. ) NUR ISABELLA BINTI ABDULLAH 2. ) XXXX 3. ) SKIN MASTER VENTURES SDN BHD 4. ) Ravinpreet Kaur a/p Nerender Pal Singh 5. ) Nashayinee a/p Palanisamy

Citation

WA-23CY-9-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-9-02/2019 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden to prove publication and conspiracy because crucial Part C documents were not tendered as exhibits nor were their makers called; without admissible evidence the defamation claims fail. Where pleaded and evidentially supported, defendants established defences (justification and fair comment). Separately, the court found the plaintiff breached the duty of care to D1 in performing an aesthetic procedure at an unsanctioned premise and lacking required qualifications, allowing D1's counterclaim for special damages and assessment of general damages.
27 Sept 2023

KK SATU HARTANAH SDN. BHD. TENAGA NASIONAL BERHAD

Citation

WA-12BNCvC-6-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-6-01/2023 (Mahkamah Tinggi)

High Court dismissed defendant's appeal: evidence established defendant was registered consumer, meter tampering was proved on balance of probabilities (photos and inspection evidence), TNB's calculation of unrecorded consumption was reasonable and allowable as estimate, Part C documents were admissible, and defendant's counterclaim lacked evidential support; therefore Sessions Court judgment awarding RM365,972.40 plus costs was upheld.
17 Mar 2022

UNIVERSITI TEKNOLOGI MARA MAGNA METIER SDN BHD

Citation

BA-21C-3-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21C-3-10/2019 (Mahkamah Tinggi)

Default Notice inadmissible and entitled to no weight because Plaintiff failed to prove posting or satisfy statutory hearsay exceptions; CNC invalid for failure to give mandatory prior notice under clause 45.1 and mis-stating beneficiary; Termination Notice invalid for failure to comply with clause 60.1 preconditions; Plaintiff affirmed the contract and failed to give required notice under s56(3), thus cannot recover LAD; Plaintiff failed to prove alleged fraud. Consequently Original Action dismissed; Counterclaim allowed and Plaintiff ordered to pay Defendant RM634,452.19 plus interest and c…
3 Dec 2020

DAMANSARA REALTY (PAHANG) SDN BHD OM CAHAYA MINERAL ASIA BERHAD

Citation

W-02(IM)(NCvC)-685-04/2019 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-685-04/2019 (Mahkamah Rayuan)

Termination letter, while invoking a 60‑day notice, functioned in practice as an immediate termination because plaintiff was denied access and ordered to demobilize; defendant failed to comply with contractual preconditions for immediate termination (notice of breaches and 14‑day cure) and therefore the termination was unlawful. On damages, the High Court erred by awarding RM10.8 million based on unpleaded/alternative submissions and unproven Part C documents; special damages in paragraph 29 were not proved and the award was set aside.

Malaysia Case Law

1. ) Adderina Binti Kaharudin 2. ) Jihadi Bin Kaharudin LIM YEW JIN

1. ) Presto Supermarkets (Subang) Sdn Bhd [Business Registration No.: 938843-t] 2. ) Azrin @ Farah Azrin Binti Zuhdi [Identity Card No.: ] [Othman Hashim & Co 3. ) XXXX ATTIC HOLDINGS SDN BHD

ABIRAMEE A/P RAMALINGAN 1. ) NUR ISABELLA BINTI ABDULLAH 2. ) XXXX 3. ) SKIN MASTER VENTURES SDN BHD 4. ) Ravinpreet Kaur a/p Nerender Pal Singh 5. ) Nashayinee a/p Palanisamy

KK SATU HARTANAH SDN. BHD. TENAGA NASIONAL BERHAD

UNIVERSITI TEKNOLOGI MARA MAGNA METIER SDN BHD

DAMANSARA REALTY (PAHANG) SDN BHD OM CAHAYA MINERAL ASIA BERHAD