Malaysia Case Law: Decisions & Judgments

Topic

Approbate and reprobate

Legal area

Court

26 Feb 2026

GLOBAL FIBER TRENCHERS SDN. BHD. EMNES METAL SDN BHD

Citation

WA-A52C-27-05/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52C-27-05/2025 (Mahkamah Sesyen)

Counterclaim was struck out as obviously unsustainable: s.66 Contracts Act 1950 permits restitution to prevent unjust enrichment where plaintiff performed works and incurred costs despite lack of statutory permit; defendant authorised continuation of works and accepted payment and therefore is estopped from seeking refund; lack of approval by third party Reneuco does not give defendant a cause of action due to absence of privity.
27 Jan 2026

1. ) Nachammai A/p Subramaniam 2. ) SUBRAMANIAN AMUDHA 1. ) CHOCKALINGAM A/L KMS KUMARAPPAN CHETTIAR 2. ) Nachammai A/p Kms Kumarappan Chettiar

Citation

KA-24NCvC-131-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-131-04/2025 (Mahkamah Tinggi)

The 1st Defendant, as administrator, breached the continuous statutory and fiduciary duty under Section 62 PAA 1959 by failing to exhibit a true and perfect inventory and account; the 2001 Deed of Distribution is valid, binding and indefeasible (beneficiaries renounced their shares for consideration and are estopped from challenging it); laches and limitation do not bar an account claim for an uncompleted estate and non-joinder of identical-interest beneficiaries is not fatal where the administrator represents the estate and absent interests are effectively litigated by present parties.
11 Aug 2025

HARRISONS PENINSULAR SDN BHD 1. ) LIM CHENG TANG 2. ) KO CHUN MING

Citation

DA-A52NCC-4-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A52NCC-4-03/2022 (Mahkamah Sesyen)

On the balance of probabilities the court found D2 was the sole proprietor of Nadi Empire Trading at the material times, executed the credit application and continuing guarantee (signature consistent with bank records and cheques), had knowledge of and benefited from NET's bank account and transactions, and failed to prove forgery because no expert handwriting or chemical reports or police investigation evidence were adduced. Consequently D2 was liable as principal/guarantor for the outstanding sum of RM261,472.22; Plaintiff's claim allowed with costs.
5 Feb 2025

1. ) RASHYTTEREN A/L KATHIRASEN 2. ) VETRIIVHELL A/L SARAVANAN 1. ) LONPAC INSURANCE BHD 2. ) VARATA RAJOO A/L NALASAMY 3. ) DAYVANAI A/P MUNIANDY

Citation

PA-12B-22-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-22-05/2024 (Mahkamah Tinggi)

The court held that Defendant Third failed to satisfy the cumulative requirements of Order 55 Rule 7(a)/Lau Foo Sun (in particular the primary requirement that the evidence could not have been obtained with reasonable diligence for use at trial), and therefore the application to admit fresh evidence on appeal is dismissed and costs awarded to the plaintiffs.
4 Feb 2025

1. ) KR. THIAGARAJAN 2. ) THENU CHIDAMBARAM Karuppan Chettiar Vairavan @ Somasundaram @ Kr. Somasundaram S/o Sm. Kr. Karuppan Chettiar (Sebagai Pentadbir Kepada Harta Pusaka Rm. M. Sm Karuppan Chettiar @ Sm. Kr. Karuppan Chettiar @ Sm. Kr.

Citation

AB-24NCvC-190-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AB-24NCvC-190-07/2024 (Mahkamah Tinggi)

On the facts the defendant's prolonged unexplained failure to administer the estate and distribute acquired land compensation for 27 years justified the exercise of the Court's inherent power (O.92 r.4) together with s.25A Courts of Judicature Act 1964 to order interim distribution of the plaintiffs' entitlement; the general rule that beneficiaries have no proprietary interest until administration is complete was not applied rigidly where injustice would result and no liabilities were shown to impede distribution of the specified compensation.
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…
25 Mar 2024

PADIBERAS NASIONAL BERHAD 1. ) ZAKIRON ENTERPRISE SDN BHD 2. ) MOHD ZAKIRON BIN ZAHID 3. ) LIZAM BIN ZAHID

Citation

DA-22NCvC-32-08/2017 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-32-08/2017 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff proved Defendant 1 owed the claimed sums and Defendants 2 and 3 were jointly liable under the guarantee/indemnity. The court relied on contemporaneous admissions including an audit confirmation signed by a director, multiple payments and a payment schedule letter, and the defendants' failure to timely dispute the demands. Those facts defeated the limitation defense and other offset claims which were not substantiated; judgment was therefore entered for the plaintiff with costs.
19 Jun 2023

SYARIKAT ABDUL GHAFFAR TRADING SDN BHD AL-HIRAH HOLDINGS SDN BHD

Citation

BL-12ANCC-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12ANCC-1-01/2023 (Mahkamah Tinggi)

Defendant’s own pleaded defence constituted a judicial admission of delivery and part payment, the alleged consignment term was not evidenced in contemporaneous documents and appeared to be an afterthought, and nothing in the affidavits raised a bona fide triable issue; therefore summary judgment was properly entered for the unpaid balance and the appeal was dismissed.
16 Jan 2023

E GLOVE SDN. BHD. BEYONDGLOVE SDN. BHD.

Citation

BA-22NCvC-314-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-314-08/2022 (Mahkamah Tinggi)

On balance the court found the affidavits, documents and authorities established that the dispute could be resolved without calling viva voce witnesses; the claim disclosed no reasonable cause of action or was otherwise vexatious/abusive in the circumstances given the pleaded defences and the 8-6-2021 dealings; accordingly the Defendant's Order 18 r.19 application succeeded and the Plaintiff's claim was struck out with costs.
13 Dec 2022

KATHRYN MA WAI FONG (as the personal representative, executrix and trustee of the estate of the late Wong Kie Nai) 1. ) WTK REALTY SDN. BHD. 2. ) SOUTHWIND PLANTATION SDN. BHD.

Citation

Q-02(W)-44-01/2020 (Mahkamah Rayuan)
Court

W
Case number

Q-02(W)-44-01/2020 (Mahkamah Rayuan)

The Court of Appeal held that the Duomatic principle applies irrespective of whether unanimous assent was given before or after the issuance; evidence (Forms lodged, audited accounts, AGM/EGM minutes and conduct including voting to capitalise share capital) established knowledge and assent by the other shareholders such that the High Court erred in requiring prior formal assent; appeals against nullification of share allotments were allowed and validation proceedings rendered unnecessary; costs awarded to appellants.