Malaysia Case Law: Decisions & Judgments

Topic

Appellate review (plainly wrong)

Legal area

Court

3 Apr 2026

1. ) LOOI CHEE HONG 2. ) CHEA AI RENE 1. ) LCC BUILDER SDN BHJD 2. ) LEE CHEE CHUAN 3. ) FONG CHONG LAM

Citation

WA-12BNCC-3-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-3-02/2025 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court because the Respondents proved on the balance of probabilities an independent oral collateral agreement under Order 16 by adducing corroborative evidence (independent site witness SD2, contemporaneous project documents signed by the First Appellant, and three bank transfers totalling RM190,562.50 referencing 'toyoma') establishing Appellants' de facto control and receipt of funds; the reimbursement defence lacked contemporaneous corroboration and was inconsistent; therefore the Sessions Court was not plainly wrong and the Appellants are jointly and s…
22 Oct 2025

1. ) DR. MUHAMMAD ILHAM BIN KHALIT 2. ) KHALIT BIN PIT 3. ) HALIMAH BINTI HASAN UNIVERSITI SELANGOR (UNISEL)

Citation

BA-12BNCvC-83-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-83-12/2024 (Mahkamah Tinggi)

The letter of offer together with the executed study leave agreement constituted a valid, unambiguous binding contract imposing a six-year post-study service bond; D1 breached that bond by resigning before completion and, under the contract and section 5 of the Contracts (Amendment) Act 1976, D1 and the guarantors are jointly and severally liable to pay the named sum of RM300,000; the trial judge's factual findings were not plainly wrong and the appeal is dismissed.
19 Aug 2025

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD PROPNEX REALTY SDN BHD

Citation

W-04(NCvC)(W)-362-09/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

W-04(NCvC)(W)-362-09/2023 (Mahkamah Rayuan)

The Court held that rule 92(1) of the VAEA Rules 1986 did not bar formation of an estate agency contract; on the facts Propnex's conduct, written fee communications and facilitation of introductions and site visits established an estate agency contract and that Propnex was the effective cause of the sale; accordingly the High Court's quantum meruit order was set aside and SME Bank was ordered to pay the contractual fee of RM819,000.
16 Nov 2022

1. ) NUR ALIA MOHAMAD RADZI (SEORANG BUDAK DAN PENDAKWAAN INI DIBUAT OLEH BAPA ANGKATNYA DAN WAKIL LITIGASI, MOHAMAD RADZHI BIN HASSAN 2. ) XXXX 3. ) Mohamad Radzhi Bin Hasan 4. ) MOHAMMAD SAIFUL RIZAL BIN ISMAIL Fazilah Binti Abdul Aziz

Citation

PA-12B-51-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-51-09/2019 (Mahkamah Tinggi)

High Court allowed respondent's preliminary objection: third party appeals conflated with the plaintiff's Notice of Appeal were defective because third party proceedings are independent; there was no judgment against third parties to appeal; on merits the Sessions Court's factual findings that the defendant's version was inherently probable and not negligent were not 'plainly wrong' and therefore the plaintiff's appeal was dismissed; quantum (general damages RM130,400.00 and special damages RM82.30) and costs were upheld as reasonable.
22 Oct 2021

MUHAMMAD HILMI HAKIM BIN ABDUL HALIM SADIKIN BIN SUHNI

Citation

BA-12B-117-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-117-12/2020 (Mahkamah Tinggi)

The Sessions Court's equal apportionment was set aside because the judge failed to properly account for undisputed evidence that the respondent suffered glaucoma and could not see clearly in his right eye prior to the collision; this impairment materially increased the respondent's contributory negligence. The respondent's police report was admissible as it recorded the respondent's own account taken by the investigating officer. Liability is re-apportioned 60% to the respondent and 40% to the appellant.

Malaysia Case Law

1. ) LOOI CHEE HONG 2. ) CHEA AI RENE 1. ) LCC BUILDER SDN BHJD 2. ) LEE CHEE CHUAN 3. ) FONG CHONG LAM

1. ) DR. MUHAMMAD ILHAM BIN KHALIT 2. ) KHALIT BIN PIT 3. ) HALIMAH BINTI HASAN UNIVERSITI SELANGOR (UNISEL)

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD PROPNEX REALTY SDN BHD

1. ) NUR ALIA MOHAMAD RADZI (SEORANG BUDAK DAN PENDAKWAAN INI DIBUAT OLEH BAPA ANGKATNYA DAN WAKIL LITIGASI, MOHAMAD RADZHI BIN HASSAN 2. ) XXXX 3. ) Mohamad Radzhi Bin Hasan 4. ) MOHAMMAD SAIFUL RIZAL BIN ISMAIL Fazilah Binti Abdul Aziz

MUHAMMAD HILMI HAKIM BIN ABDUL HALIM SADIKIN BIN SUHNI