Malaysia Case Law: Decisions & Judgments

Topic

Application of patel v mirza

Legal area

Court

6 May 2021

MOHD SHAHRIL BIN ABDUL RAHMAN [NO KP: 810408-05-5051] AHMAD ZULFENDI BIN ANUAR [NO K/P: 910711-08-6553]

Citation

AA-12BNCvC-2-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12BNCvC-2-01/2020 (Mahkamah Tinggi)

Although the trial judge correctly found Defendant principally negligent, the High Court increased Plaintiff's share of responsibility by a further 30% because Plaintiff wilfully used the motorcycle without licence, road tax and third‑party insurance; applying the Patel v Mirza proportionality test the Court held such illegality justifies reduction of relief. The Court also set aside the award for loss of future earnings for want of credible evidence that Plaintiff was gainfully employed (failure to produce bank records justified adverse inference under s114 Evidence Act and statutory require…
24 Sept 2020

PUBLIC BANK BERHAD 1. RIA REALITI SDN BHD 2. WONG KIEN CHING 3. CHEW CHING TONG 4. SEE TECK ANN 5. TAN BOO SENG 6. RASAMUTU SDN BHD

Citation

S-02(IM)(NCVC)-529-03/2019 (Mahkamah Rayuan)
Court

IM
Case number

S-02(IM)(NCVC)-529-03/2019 (Mahkamah Rayuan)

Appeal allowed: Court held the loan agreements and related security documents were not tainted by illegality because the bank was a bona fide financier, the loans were primarily to finance sub-leases (permitted under Sabah Land Ordinance), there was no finding that the bank had knowledge of illegality, and the Neway authority was distinguishable on facts; alternatively, even if illegality attached the bank would be entitled to relief under restitution (s66) and the Patel v Mirza discretionary approach; guarantors liable and counterclaims dismissed.
3 Dec 2019

SARWAN SINGH A/L KUNDAN SINGH AMINAH BINTI FAUDZAR

Citation

W-02(IM)(NCC)-998-05/2019 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-998-05/2019 (Mahkamah Rayuan)

The Court of Appeal allowed the appeal because the appellant's pleaded case raising statutory illegality under the FSA and specific allegations of fraud against the respondent were not 'obviously unsustainable' on the face of the pleadings; issues of illegality, the effect on the letter of guarantee and alleged fraud required viva voce evidence and full trial, and doctrines such as ex turpi causa and res judicata could not be applied to dispose summarily where fraud and statutory illegality are pleaded and contested.

Malaysia Case Law

MOHD SHAHRIL BIN ABDUL RAHMAN [NO KP: 810408-05-5051] AHMAD ZULFENDI BIN ANUAR [NO K/P: 910711-08-6553]

PUBLIC BANK BERHAD 1. RIA REALITI SDN BHD 2. WONG KIEN CHING 3. CHEW CHING TONG 4. SEE TECK ANN 5. TAN BOO SENG 6. RASAMUTU SDN BHD

SARWAN SINGH A/L KUNDAN SINGH AMINAH BINTI FAUDZAR