Malaysia Case Law: Decisions & Judgments

Topic

Apparent/ostensible authority

Legal area

Court

10 Jan 2025

MZP CONSTRUCTION & TRADING MAGEALA A/P THARMALINGAM

Citation

BL-B52NCC-38-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-B52NCC-38-06/2023 (Mahkamah Sesyen)

On the balance of probabilities the Court found Mr Kathir acted as agent with actual and apparent authority for AR Mega Winner Trading; defendant, through contemporaneous business documents and a letter of 24 January 2022, unequivocally admitted indebtedness; statements of account establishing a 1% per month interest clause and the defendant's conduct established entitlement to charge interest; the defendant failed to prove that the payment of RM1,448,918.98 was a full and final settlement; accordingly the defendant owes RM626,747.91 as at 1 March 2023 and the plaintiff's claim is allowed wit…
15 Nov 2024

New World P&I Service Co. Ltd. The Disponent Owner and/or The Demise Charterer of the Ship and/or Vessel ES VALOR (IMO No. 9843625) of the Port of Monrovia, Liberia PENCELAH HUIHONG (TIANJIN) SHIPPING LEASE CO. LTD.

Citation

WA-27NCC-33-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-33-06/2024 (Mahkamah Tinggi)

The court found on the balance of probabilities that (a) EVCL in fact continued to possess and control the vessel and had not treated itself as a mere gratuitous bailee after the owner's notice such that the demise charter remained in effect for purposes of s.21(4) UK SCA 1981, but (b) the Eversea charterparty was not binding because the signatory (Gu Feng) lacked authority and the agreement was in truth a sham; further the plaintiff failed to make full and frank disclosure material to the arrest application. Consequently the writ in rem was struck out, the warrant of arrest set aside and dam…
27 Sept 2023

HOT PURSUIT SDN BHD Koperasi Mutlaq Perak Berhad

Citation

AA-B52NCvC-33-07/2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-B52NCvC-33-07/2018 (Mahkamah Sesyen)

The court held SD1 had apparent/ostensible authority based on the Defendant's appointment letter and confirmation, therefore the Sponsorship Agreement was valid and binding; the Defendant repudiated the agreement and breached it; Plaintiff proved preparatory performance and losses for one event so was entitled to liquidated damages of RM100,000 for that event and proven special damages of RM44,202, but not proven reputational loss.
28 Sept 2018

TERATAI SANJUNG (M) SDN. BHD. (No. Syarikat: 425188-W) LEMBAGA PEMASARAN PERTANIAN PERSEKUTUAN

Citation

W-01(NCvC)-305-05/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)-305-05/2018 (Mahkamah Rayuan)

Appeal dismissed because the Supply Agreement was not binding on FAMA: evidence showed ZAA acted without any mandate or knowledge of senior FAMA officers, the Agreement lacked the statutory/common seal and required internal approvals under the FAMA Act, and the appellant knew FAMA’s statutory status and should have inquired; therefore indoor management rule and estoppel could not validate the contract or bind FAMA.

Malaysia Case Law

MZP CONSTRUCTION & TRADING MAGEALA A/P THARMALINGAM

New World P&I Service Co. Ltd. The Disponent Owner and/or The Demise Charterer of the Ship and/or Vessel ES VALOR (IMO No. 9843625) of the Port of Monrovia, Liberia PENCELAH HUIHONG (TIANJIN) SHIPPING LEASE CO. LTD.

HOT PURSUIT SDN BHD Koperasi Mutlaq Perak Berhad

TERATAI SANJUNG (M) SDN. BHD. (No. Syarikat: 425188-W) LEMBAGA PEMASARAN PERTANIAN PERSEKUTUAN