Malaysia Case Law: Decisions & Judgments

Topic

Coercion

Legal area

Court

5 Mar 2026

BLACK TULIP TRADES SDN BHD GARDEN FLORA EXPORTS SDN BHD

Citation

WA-22NCC-804-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-804-11/2023 (Mahkamah Tinggi)

On the evidence the agreements were not shams because there was no common intention to create a false appearance; coercion was not proved by admissible corroborated evidence and s15 requirements were not met; therefore the settlement agreements were valid and enforceable and the Defendant's counterclaims were allowed (in part) with costs.
15 Jan 2026

RAMAKRISHNAN A/L RAGHAVAN KANESON A/L KOLANDAI

Citation

KF-B53-1-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KF-B53-1-05/2023 (Mahkamah Sesyen)

Plaintiff's claim dismissed because plaintiff failed to plead the allegedly defamatory words verbatim and failed to prove the three elements of defamation (no reliable evidence that the statements referred to plaintiff, were published to third parties, or caused dismissal); Defendant proved payments were commissions and established qualified privilege for the complaint; Defendant failed to prove coercion or unlawful intimidation so counterclaim for RM243,600 fails; costs awarded to Defendant.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-66-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-66-09/2022 (Mahkamah Sesyen)

The court found the prosecution proved beyond reasonable doubt that defendants jointly trafficked the Cambodian victims for labour exploitation: victims were smuggled, had passports retained, worked without permits, lived in degraded collective accommodation, endured excessive hours, wage deductions and debt bondage, and were subject to threats and physical restraint; coercion and exploitation elements under s2 and s12 ATIPSOM were satisfied and common intention established under s34; defendants convicted and sentenced and ordered to pay statutory compensation under s66A read with relevant pr…
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-68-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-68-09/2022 (Mahkamah Sesyen)

The court found the prosecution proved beyond reasonable doubt all elements of section 12 ATIPSOM read with section 34 Penal Code: the accused recruited/transported and retained non-citizen workers by deception and coercive means (illegal entry, withholding passports, confinement, debt bondage and threats) for the purpose of forced labour/exploitation; both accused acted with common intention and are therefore guilty; custodial sentences, fines and detailed compensation orders were appropriate and lawful under s66A.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)

On the totality of credible evidence the prosecution proved beyond reasonable doubt all elements of section 12 Act 670: victims were non‑children, were procured/retained for exploitation (forced labour) by unlawful means (illegal entry, passport retention, absence of permits, confinement, excessive hours, withheld wages, debt‑bondage) and coercion was established by threats, confinement and abuse of legal process; common intention between the two accused was inferable from their coordinated actions and documentary and witness evidence; accordingly both accused were convicted and sentenced and…
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-66-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-66-09/2022 (Mahkamah Sesyen)

Court found prosecution proved all essential elements of s.12 ATIPSOM: victims were smuggled into Malaysia, deprived of passports, worked without permits, subjected to debt bondage, confined and coerced; defendants acted in common intention to procure and retain labour for exploitation; therefore defendants convicted under s.12 read with s.34 and sentenced; statutory compensation under s.66A ordered based on harm, loss of earnings, prolonged exploitation and defendants' means.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-67-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-67-09/2022 (Mahkamah Sesyen)

The prosecution proved all essential ingredients of s.12 Act 670 beyond reasonable doubt: acquisition and retention of victims for labour exploitation via deception and illegal entry, retention of passports, coercive debt bondage, confinement and threats; evidence established joint intention by T1 and T2. Accordingly both defendants were convicted on all charges and sentenced; compensation under s.66A was appropriate and quantified by the Court.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-66-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-66-09/2022 (Mahkamah Sesyen)

The court found prosecution proved all elements of s.12: T1 and T2 acquired and retained migrants for exploitation by deception and coercion (illegal entry, withholding passports, withholding/pay deductions, confinement, debt bondage and threats), acted with common intention, and victims' consent is irrelevant; accordingly both accused convicted and sentenced and ordered to pay statutory compensation under s.66A, Act 670, with specified amounts and defaults.
24 Jul 2024

YAP CHIN HUAT 1. ) Tung Goon Guat (Sebagai Wasi Harta Pusaka Yap Kuang. Simati) 2. ) Tung Goon Guat

Citation

PA-12BNCvC-5-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCvC-5-10/2022 (Mahkamah Tinggi)

The FSA was procured by undue influence and coercion: the appellant, by virtue of his position in loco parentis and by maintaining/lodging a probate caveat and threats to renew it, was in a position to dominate the respondent's will and obtained an unconscionable advantage; the Sessions Court's factual findings to that effect were supported by evidence and were not 'plainly wrong'; accordingly the FSA is voidable and unenforceable against the respondent and the appeal is dismissed.
21 May 2024

1. ) CONDOLINK SDN BHD 2. ) LAI CHEE KEONG 3. ) MOK YOKE SOON 4. ) KASIMENTARI SDN BHD 1. ) ANCHORSOL WALL SDN BHD 2. ) ANCHORSOL CONCRETE INDUSTRIES SDN BHD

Citation

BA-22NCvC-90-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-90-02/2019 (Mahkamah Tinggi)

Plaintiffs failed to discharge the burden on balance of probabilities to prove fraud, coercion, duress, undue influence or mistake in respect of the Final Letter of Undertaking and payments; the Global Settlement was entered voluntarily, plaintiffs delayed raising complaints and had available remedies earlier; accordingly plaintiffs' claim is dismissed and defendants receive costs on an indemnity basis for bad faith conduct though their declaratory counterclaim was not granted.