Malaysia Case Law: Decisions & Judgments

Topic

As is where is

Legal area

Court

30 Jun 2025

ONE NOTCH EVENTS SDN BHD KENANGA WHOLESALE CITY SDN BHD

Citation

WA-B53-19-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B53-19-06/2022 (Mahkamah Sesyen)

The structure built by Defendant constituted an unlawful continuing trespass and private nuisance because it materially and unreasonably interfered with Plaintiff’s possession and enjoyment of the unit; 'as is where is' auction terms and prior owner's conduct did not bar tort claims by the new registered owner; Defendant's failure to produce engineer drawings justified an adverse inference; removal injunction was refused because the structure forms part of ramp/access and feasibility/safety issues were not proved without engineer evidence; appropriate relief was damages (lump sum) and exempla…
9 May 2025

PORATHA CORPORATION SDN.BHD. DSCAFF ENGINEERING SDN.BHD.

Citation

WA-22NCvC-837-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-837-12/2020 (Mahkamah Tinggi)

The court held that the 'as is where is' term cannot be implied and must be expressly agreed and communicated between the parties, and that unchallenged documentary evidence tendered by a party is sufficient to prove that party's claim.
16 May 2022

TENAGA NASIONAL BERHAD 1. ) MOHAMED BIN DAUD 2. ) Awang Jarah Binti Awg. Teh 3. ) Jusoh Bin Awang Teh 4. ) MOHD FADZIL BIN IBRAHIM 5. ) OTHMAN BIN DAUD 6. ) RAHIMAH BINTI HARON 7. ) Yaa'cob Bin Awang Teh

Citation

DA-11B-6-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-11B-6-06/2021 (Mahkamah Tinggi)

The High Court affirmed the magistrate's finding that the appellant's substation was erected without compliance with Electricity Supply Act and therefore constituted a continuing trespass against the respondents' registered land; the respondents were entitled to a declaration of trespass, nominal damages and interest, the 'as is where is' principle and limitation did not bar the claim, and the appeal was dismissed with costs RM8,000.
16 May 2022

TENAGA NASIONAL BERHAD 1. ) MOHAMED BIN DAUD 2. ) Awang Jarah Binti Awg. Teh 3. ) Jusoh Bin Awang Teh 4. ) MOHD FADZIL BIN IBRAHIM 5. ) OTHMAN BIN DAUD 6. ) RAHIMAH BINTI HARON 7. ) Yaa'cob Bin Awang Teh

Citation

DA-11B-6-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-11B-6-06/2021 (Mahkamah Tinggi)

The High Court upheld the Magistrate's findings that the TNB substation had been erected without lawful compliance with the Electricity Supply Act and therefore constituted a continuing trespass on respondents' land; respondents, as registered owners since 2017, were entitled to a declaration of trespass and nominal damages despite inability to prove specific quantum; defences of locus, 'as is where is' and limitation were rejected; appeal dismissed with costs.
27 Jan 2022

YEOH ENG KONG 1. ) SYARIKAT PERUMAHAN PEGAWAI KERAJAAN SDN BHD 2. ) BUNGSAR HILL HOLDINGS SDN BHD

Citation

WA-22NCvC-851-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-851-12/2018 (Mahkamah Tinggi)

Plaintiff failed to prove mutual mistake or unconscionability; objective construction and factual matrix show 'monsoon drain' referred to the existing drain on PT 1499 and 'Vacant Land' meant the portion west of that drain as marked in the Schedule; Settlement Agreement was negotiated and accepted by plaintiff (including 'as is where is' and subdivision obligations); rectification not warranted and claim dismissed.

Malaysia Case Law

ONE NOTCH EVENTS SDN BHD KENANGA WHOLESALE CITY SDN BHD

PORATHA CORPORATION SDN.BHD. DSCAFF ENGINEERING SDN.BHD.

TENAGA NASIONAL BERHAD 1. ) MOHAMED BIN DAUD 2. ) Awang Jarah Binti Awg. Teh 3. ) Jusoh Bin Awang Teh 4. ) MOHD FADZIL BIN IBRAHIM 5. ) OTHMAN BIN DAUD 6. ) RAHIMAH BINTI HARON 7. ) Yaa'cob Bin Awang Teh

TENAGA NASIONAL BERHAD 1. ) MOHAMED BIN DAUD 2. ) Awang Jarah Binti Awg. Teh 3. ) Jusoh Bin Awang Teh 4. ) MOHD FADZIL BIN IBRAHIM 5. ) OTHMAN BIN DAUD 6. ) RAHIMAH BINTI HARON 7. ) Yaa'cob Bin Awang Teh

YEOH ENG KONG 1. ) SYARIKAT PERUMAHAN PEGAWAI KERAJAAN SDN BHD 2. ) BUNGSAR HILL HOLDINGS SDN BHD