Malaysia Case Law: Decisions & Judgments

Topic

Assignment of rights

Legal area

Court

13 Mar 2025

1. ) DAQ WAREHOUSE SDN BHD 2. ) DAQ LOGISTICS SDN BHD 3. ) DEEP SEA FISHERY KINGDOM SDN BHD 1. ) TANG LIN YAU SDN BHD 2. ) ECOLD REFRIGERATION SDN BHD 3. ) TAN YOW BOON PENCELAH BASIC FRONTIER SDN BHD

Citation

BA-22NCvC-55-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-55-02/2024 (Mahkamah Tinggi)

Item 11(6) of the SPA imposed a continuing obligation on the Vendor (1st Defendant) to provide, manage and maintain the communal central firefighting system inclusive of pumps, pipes, valves and sprinklers; that obligation was not transferred by the Assignment to the Third Party; the Assignment indemnity clause only applies where the Assignee breached stipulations transferred under the Tenancy Agreement; no particulars pleaded to show Third Party's contributory negligence; therefore the 1st Defendant's third-party claim for indemnity and contribution against the Third Party was unsustainable…
2 Aug 2024

1. ) FRANCO CHAN YOONG JURCH 2. ) WONG WAI YIN 3. ) SIN LEE PIN 4. ) LAU POH CHEOK YU KUAN CHON

Citation

WA-22NCvC-64-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-64-01/2022 (Mahkamah Tinggi)

Both interlocutory applications were dismissed because there are disputed factual issues requiring a full trial (including whether the buyback period lapsed, whether parties were separate entities or nominees, and whether rights were properly assigned), making summary determination or strike out inappropriate.
27 Apr 2023

TMF Trustees Malaysia Berhad 1. ) Masraf Al Barakah Sdn Bhd 2. ) Coshare Holdings Berhad

Citation

WA-24NCC-835-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-835-08/2022 (Mahkamah Tinggi)

The court held that the Defendants remained bound by continuing obligations under the ACA and ACSA despite assignments; the Defendants breached those obligations by failing to provide complete documentation and to channel salary deduction proceeds, and the asserted defences (bare trustee status, garnishee/frozen accounts, tax dispute) did not excuse non‑compliance. Monetary compensation was inadequate and specific performance/mandatory relief was appropriate; accordingly the Originating Summons was allowed against the 2nd Defendant and the Plaintiff was entitled to compel compliance as sought…
12 Jan 2023

1. ) TEH YONG WEI 2. ) HO HEE KOK 3. ) CHONG CHOON LING ENERGISER PROPERTIES SDN BHD

Citation

AA-A52C-9-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52C-9-07/2022 (Mahkamah Sesyen)

The court found the Deed of Assignment was not an absolute assignment when read as a whole (clause 2.01 read with clause 5.01) and the plaintiffs retained locus to sue; further the MCO did not amount to force majeure and much of the delay predated the MCO, therefore no triable issue prevented summary judgment for the LAD amount; summary judgment was allowed with costs RM3,000.
12 Jan 2023

1. ) GOH CHIN YANG 2. ) GOH CHIN SIANG ENERGISER PROPERTIES SDN BHD

Citation

AA-A52C-8-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52C-8-07/2022 (Mahkamah Sesyen)

Summary judgment was granted because plaintiffs met Order 14 requirements and defendant failed to establish a triable issue: the Deed of Assignment was not an absolute assignment and plaintiffs retained locus to sue, and the MCO did not excuse the developer's preexisting delay or fall within the parties' agreed force majeure scope; therefore plaintiffs entitled to LAD and costs.
16 Aug 2022

Lim Beng Kuan Helms Geomarine Sdn. Bhd.

Citation

WA-22NCC-130-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-130-04/2022 (Mahkamah Tinggi)

The Court found the Commission Agreement unambiguous and binding, the Defendant produced no credible evidence of any variation making payment conditional on Dolphin's consent or on receipt of the retention sum, the Assignment Deed transferred rights to the Plaintiff and was notified to the Defendant, and the Defendant's counterclaim arose from a separate contract and did not raise a bona fide triable issue to defeat the partial summary judgment; accordingly partial summary judgment was granted for the commission on direct payments plus interest and costs.
4 May 2021

1. SURENDAN A/L KADARWELL 2. SHALINI A/P KADARWELL 3. MARIAYEE A/P KARUPPAN 4. KADARWELL A/L SINGANU HILLPARK RESOURCES SDN BHD

Citation

BA-12BNCVC-85-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCVC-85-11/2019 (Mahkamah Tinggi)

The High Court held that the 1st–3rd plaintiffs had locus to sue because the deed of assignment operated as security rather than an absolute transfer; misrepresentation was proven as to the 200 sq ft shortfall which induced the plaintiffs to contract; rescission was inappropriate because the transaction was executed and conveyance completed; appropriate remedy was damages assessed at market value (RM239.36/sq ft x 200 = RM47,872). The 4th plaintiff lacked locus and his appeal was dismissed.
26 Apr 2021

1. ) ABRAHAM MOSES 2. ) SOH BOCK CHOOI COSMOPLITAN AVENUE SDN BHD

Citation

A52NCVC-552-10-2020 (Encl 9) (Mahkamah Sesyen)
Court

Encl 9
Case number

A52NCVC-552-10-2020 (Encl 9) (Mahkamah Sesyen)

The court held the LACA did not amount to an absolute assignment; the bank had expressly consented to plaintiffs commencing litigation; therefore plaintiffs had locus standi and the defendant's strike out application was not a plain and obvious case for dismissal under Order 18 r.19 and was an abuse/afterthought intended to delay. The strike out application was disallowed with costs.