Malaysia Case Law: Decisions & Judgments

Topic

Assessment of costs

Legal area

Court

1 Oct 2025

CS LOGISTICS PTE. LTD. 1. ) CL AGRICULTURE TECHNOLOGY SDN. BHD. 2. ) LIEW WEI LEONG 3. ) LEW HAN LUN

Citation

JA-B52NCC-192-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B52NCC-192-08/2024 (Mahkamah Sesyen)

Applying the non‑exhaustive factors in O.59 r.16(1) and comparing the case features with relevant authorities, the Court found the matter not complex, the trial not likely lengthy, and the counterclaim monetary value modest (SGD37,726 ≈ RM119,742). The defendants failed to justify the RM200,000/RM250,000 sums. Therefore RM30,000 ordered as security for costs is reasonable and the appeal against quantum is dismissed.
18 Oct 2023

IMELDA NASREEN BINTI NASRUDDIN @ BALCHIN MASYITAH BINTI MD HASSAN

Citation

JA-37J-2-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-37J-2-04/2023 (Mahkamah Tinggi)

Although there was doubt whether personal service on the debtor was effected, the court found the creditor had incurred costs in filing and attempting service and is entitled to recover costs under section 11 of the Debtors Act 1957; the creditor's claimed quantum was excessive and the court fixed a reasonable award of RM1,500.00 (subject to allocatur). The judgment debtor summons filed was cancelled and the debtor ordered to pay costs of RM1,500.00 to the creditor.
7 Jul 2021

RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, SIMATI) 1. ) NIK MOHD GHAZALI B NIK ZUL AZHAR 2. ) EBBY SAIFUL BIN SULAIMAN 3. ) SARIHAN BIN HARUN 4. ) SASIBALEN A/L KARISIANAN 5. ) SJN SUHAIMI BIN ZAIDI 6. ) SJ

Citation

A-01(NCvC)(W)-463-09/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

A-01(NCvC)(W)-463-09/2019 (Mahkamah Rayuan)

Court held that regardless of procedural pleading limits on directly adjudicating remand legality, sufficient evidence established common law and statutory duties owed by police and prison staff which were breached by omission (failure to ensure medical examination, monitoring and emergency treatment) and such breaches causally contributed to the detainee's death; liability was established against specified officers and supervisory defendants were vicariously liable; damages and special awards were adjusted on appeal accordingly.
22 Mar 2021

VIRTUAL NETWORK SOLUTIONS SDN. BHD. (Co. No.: 1140670-D) AXISJAYA SDN. BHD. (Co. No.: 656023-H)

Citation

BA-22C-33-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-33-08/2019 (Mahkamah Tinggi)

The court allowed the defendant to discontinue the counterclaim and granted liberty to file afresh because there was no prejudice or advantage to the plaintiff from discontinuance, the merits had not been tried and trial had not commenced, the plaintiff did not oppose discontinuance, committal intentions were irrelevant to the discontinuance decision, and the plaintiff failed to satisfy the burden to show exceptional grounds to refuse liberty; costs were awarded to the plaintiff in a proportionate sum of RM8,000 with 5% p.a. interest from 22.3.2021.

Malaysia Case Law

CS LOGISTICS PTE. LTD. 1. ) CL AGRICULTURE TECHNOLOGY SDN. BHD. 2. ) LIEW WEI LEONG 3. ) LEW HAN LUN

IMELDA NASREEN BINTI NASRUDDIN @ BALCHIN MASYITAH BINTI MD HASSAN

RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, SIMATI) 1. ) NIK MOHD GHAZALI B NIK ZUL AZHAR 2. ) EBBY SAIFUL BIN SULAIMAN 3. ) SARIHAN BIN HARUN 4. ) SASIBALEN A/L KARISIANAN 5. ) SJN SUHAIMI BIN ZAIDI 6. ) SJ

VIRTUAL NETWORK SOLUTIONS SDN. BHD. (Co. No.: 1140670-D) AXISJAYA SDN. BHD. (Co. No.: 656023-H)