Malaysia Case Law: Decisions & Judgments

Topic

Covid-19 temporary measures

Legal area

Court

30 May 2025

FLAGSHIP BUILDERS SDN BHD 1. ) OLYMPIA FITNESS SOLUTION 2. ) YOGESWARAN A/L SUBRAMANIAM

Citation

JA-A52NCvC-84-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-84-03/2022 (Mahkamah Sesyen)

D1 is not a separate legal entity so claim against D1 dismissed; liability rests with D2 who signed the sale and lease. Plaintiff proved on balance of probabilities that D2 breached lease obligations by failing to pay rent and utilities, validly terminated the lease after issuing notices, forfeited the RM26,000 security deposit per express lease clauses, incurred reasonable repair costs RM24,000, and is entitled to recover unpaid rent, utilities and double rent for the period of holding over. COVID-19 Act s7, force majeure and frustration defences fail because the lease was entered during PKP…
28 May 2024

UNIQ EVENT & CATERING 1. ) TRIBUNAL TUNTUTAN PENGGUNA 2. ) HADI SOPHIAAN BIN ROSLAN

Citation

BA-25-20-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-20-05/2023 (Mahkamah Tinggi)

The court held the applicant failed to demonstrate procedural impropriety, illegality or irrationality sufficient for judicial review: oral reasons were adequate, there was no evidence of interruption or bias, the applicant failed to discharge the burden under s.7 Act 829 to show inability caused by COVID-19 measures, and issues such as mitigation were not pleaded; therefore the High Court dismissed the judicial review and awarded costs.
11 Nov 2021

MOHAMAD IDHAM BIN MOHD RAHMAT

Citation

PA-43-3-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-43-3-09/2021 (Mahkamah Tinggi)

The High Court, exercising its revisionary and inherent jurisdiction as a necessary implication of the sentencing power, may extend the time for completion of community service ordered by a Magistrate when exceptional events (COVID-19) prevent completion and no statutory mechanism exists; the court accordingly extended the period by 20 months commencing 11.8.2020.
24 Feb 2021

LIM TING NAN MAMMOTH EMPIRE LAND SDN BHD

Citation

BA-B52NCvC-278-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCvC-278-10/2020 (Mahkamah Sesyen)

Plaintiff entitled to LAD because SPA (Schedule H) expressly provided for LAD at 10% p.a. on the stated purchase price; vacant possession was deemed taken 14 days after vendor's notice making defendant 1006 days late; defendant failed to satisfy the shifted burden under Order 14 to show a triable defence (discounts/rebates not legally effective to reduce statutory SPA price; Covid‑19 provisions did not negate plaintiff's claim and developer did not pursue statutory remedies), therefore default judgment for RM515,072 with costs ordered.
13 Jan 2021

1. KHADIJAH BINTI RAZALI 2. MUSLIADI BIN MUSA PNSB ACMAR SDN BHD

Citation

A52NCVC-456-09-2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCVC-456-09-2020 (Mahkamah Sesyen)

The court found the Schedule H SPA is statutory and the developer became immediately liable for liquidated damages when the completion deadline passed; the defendant failed to demonstrate any bona fide triable defence or that any rebate altered the contractual purchase price; the Covid-19 Act was inapplicable to these proceedings; therefore summary judgment under Order 14 was granted for the plaintiffs for RM105,909.04, with interest at 5% per annum from the date of the writ until full settlement and costs, defendant to pay costs of RM3,000 to plaintiffs.

Malaysia Case Law

FLAGSHIP BUILDERS SDN BHD 1. ) OLYMPIA FITNESS SOLUTION 2. ) YOGESWARAN A/L SUBRAMANIAM

UNIQ EVENT & CATERING 1. ) TRIBUNAL TUNTUTAN PENGGUNA 2. ) HADI SOPHIAAN BIN ROSLAN

MOHAMAD IDHAM BIN MOHD RAHMAT

LIM TING NAN MAMMOTH EMPIRE LAND SDN BHD

1. KHADIJAH BINTI RAZALI 2. MUSLIADI BIN MUSA PNSB ACMAR SDN BHD