Malaysia Case Law: Decisions & Judgments

Topic

Appellate review standard (plainly wrong)

Legal area

Court

22 Jan 2026

Kenny Sim Chun Wei Kuan Chen-Fui

Citation

W-02(NCvC)(W)-103-01/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-103-01/2024 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: the oral revenue-sharing arrangement, as pleaded and evidenced, constituted profit-sharing (not mere commission) falling within Rule 91(1) and thus contravened the professional rules; s.22C was inapplicable on the facts because the Appellant acted as an employee/negotiator for MIP rather than as an independent estate agent, but Rule 91 rendered the revenue-sharing agreement illegal and void; the High Court's factual findings were reasonably made and not plainly wrong; restitution/refund principles under s.66 may apply in appropriate circumstances b…
9 Jun 2025

MINDDIOS BERHAD TING CHIN SIONG

Citation

PA-12B-26-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-26-12/2022 (Mahkamah Tinggi)

The Sessions Court's findings were not plainly wrong: plaintiff failed to prove existence of an agreement to transfer identifiable IP due to lack of specificity and contradictory evidence; burden of proof rested on plaintiff under ss.101-103 Evidence Act 1950; there was no agreement obligating defendant to pay the expenses and plaintiff's evidence about the expenses was inconsistent and included non-marketing items; appeal dismissed.
7 Apr 2025

TOP 2 GLOBAL SDN BHD DATO' SERI YONG TU SANG

Citation

T-02(NCvC)(W)-1292-07/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

T-02(NCvC)(W)-1292-07/2022 (Mahkamah Rayuan)

Appeal T-02(NCvC)(W)-1293-07/2022 (YTS's claim) was dismissed and the High Court's dismissal of YTS's claim was affirmed because the alleged oral agreement was found to be a gratuitous arrangement lacking consideration and YTS could not sue as a stranger to the oral arrangement; Appeal T-02(NCvC)(W)-1292-07/2022 (Top 2 Global's counterclaim) was allowed because the trial judge erred in rejecting admitted payments without reasons and, on the evidence, Top 2 Global had overpaid by RM145,432 and was entitled to judgment with interest.
20 Jul 2023

RUZIAH BINTI SALLEH NIK MOHD HUZAIDI BIN NIK LI

Citation

JB-12BNCvC-17-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12BNCvC-17-11/2022 (Mahkamah Tinggi)

The appeal is dismissed because the trial judge correctly found the impugned WhatsApp message referred to a named person 'Uji' and not to the appellant; the appellant failed to plead or prove material facts showing that 'Uji' identified the appellant or that the respondent published the message to the appellant or other third parties so as to defame her; the factual findings of the Sessions Court were properly supported by evidence and not 'plainly wrong'.
28 Apr 2022

1. ) Abdul Ravuff Bin Datuk A.S. Dawood 2. ) Sikkandar Batch Bin Datuk A.S. Dawood 3. ) Nafeesha Begam Shajahan 4. ) Kursith Bt Datuk A.S. Dawood 5. ) Faridah Begum Bt Datuk A.S. Dawood 6. ) Julaiha Begum Bt Datuk A.S. Dawood Dr. Abdul Rahi

Citation

02(f)-15-03/2020(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-15-03/2020(W) (Mahkamah Persekutuan)

The 1981 Agreement did not create a trust because Dawood, the donor, did not do everything necessary to effectuate a transfer of the shares or declare himself trustee; the promises were imperfect gratuitous gifts which equity will not perfect (Milroy principle); consequently no constructive trust arose, and the Court of Appeal was correct to set aside the High Court on that basis; limitation and laches also applied and the sales to Azinal and to Vision Wagon were not sham or undervalue as alleged.

Malaysia Case Law

Kenny Sim Chun Wei Kuan Chen-Fui

MINDDIOS BERHAD TING CHIN SIONG

TOP 2 GLOBAL SDN BHD DATO' SERI YONG TU SANG

RUZIAH BINTI SALLEH NIK MOHD HUZAIDI BIN NIK LI

1. ) Abdul Ravuff Bin Datuk A.S. Dawood 2. ) Sikkandar Batch Bin Datuk A.S. Dawood 3. ) Nafeesha Begam Shajahan 4. ) Kursith Bt Datuk A.S. Dawood 5. ) Faridah Begum Bt Datuk A.S. Dawood 6. ) Julaiha Begum Bt Datuk A.S. Dawood Dr. Abdul Rahi