Malaysia Case Law: Decisions & Judgments

Topic

Conflict of interest

Legal area

Court

4 Dec 2025

PELABURAN HARTANAH BERHAD COSMOPOLITAN AVENUE SDN. BHD.

Citation

BA-22NCvC-277-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-277-07/2025 (Mahkamah Tinggi)

Because Messrs Shearn Delamore & Co had intimate, multiple prior engagements for the Defendant on the same integrated Empire City development, the court drew a reasonable inference of a real risk that confidential information could be misused; the firm failed to discharge the burden to show no risk (including absence of effective screening), and therefore the firm must be disqualified to protect client confidentiality and the integrity of the trial process.
1 Dec 2025

1. ) GOH MON CHIUAN 2. ) SONNY YEOW KENG WAN 1. ) TOKOH AGRO SDN. BHD. 2. ) LIM SAU CHONG

Citation

JA-22NCvC-52-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-52-04/2025 (Mahkamah Tinggi)

CELO and all advocates practising under it were disqualified because (i) CELO had a prior retainer for the corporate client in the same series of transactions (PU 2022, BEA, CA), (ii) CELO and Datuk CE possessed privileged and potentially material information and had acknowledged holding privileged communications, (iii) there was a real probability Datuk CE would be a material witness, and (iv) those facts created a real risk of conflict of interest and perceptible misuse of confidential information contrary to Kaedah 3, 5 and 28 and the court's inherent jurisdiction; separately, Shah was gra…
27 Nov 2025

CHEW WAI HOE PERBADANAN PENGURUSAN MESRA TERRACE

Citation

WA-B52NCvC-314-07/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-314-07/2025 (Mahkamah Sesyen)

Plaintiff failed to particularise any specific confidential information or demonstrate a real risk to the administration of justice; allegations were speculative and premature; therefore disqualification could not be ordered and the application was dismissed with costs.
14 Nov 2025

SUMMIT HOTELS MANAGEMENT SDN. BHD. 1. ) DATO' SIVAKUMARAN A/L BALAN NAIR 2. ) DATIN ALMA ZAMORANO SIVAKUMARAN NAIR 3. ) MAHENDRAN A/L BALAN 4. ) RABINDER SINGH A/L INDERJIT SINGH 5. ) RABINDER BUDIMAN & ASSOCIATES 6. ) RAJESWERI A/P PARAMAS

Citation

WA-22NCC-307-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-307-05/2025 (Mahkamah Tinggi)

The court struck out the plaintiff's action because the plaintiff failed to plead or evidence any dealing with Leisurepoint's assets or any nexus between the defendants' alleged acts and the plaintiff's ability to recover the judgment sum; conflicts of interest and delays did not, without more, establish fraudulent trading; the claim was speculative and unsustainable.
10 Nov 2025

PERBADANAN PENGURUSAN KONDOMINIUM VILLA SCOTT HARI RAMAN A/L PALAYA

Citation

WA-A72NCvC-3714-08/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-3714-08/2024 (Mahkamah Majistret)

The July 23, 2020 letter did not create an automatic monthly retainer; the RM2,000 invoices required demonstrable legal work which the Defendant failed to prove; the invoices were unsupported and unjustified; Defendant must refund RM12,000 with interest and costs.
30 Oct 2025

1. ) Alliance Investment Bank Berhad 2. ) AmBank (M) Berhad 3. ) Malayan Banking Berhad 4. ) Malaysian Industrial Development Finance Berhad GULA PERAK BERHAD DALAM LIKUIDASI)

Citation

B-02(NCC)(A)-1168-07/2023 (Mahkamah Rayuan)
Court

NCC
Case number

B-02(NCC)(A)-1168-07/2023 (Mahkamah Rayuan)

The Court allowed the appeals because the ex parte leave application was not made bona fide and constituted an abuse of process, material proofs of debt were admitted without proper scrutiny and related-party votes distorted the statutory 75% approval threshold, the scheme's dominant purpose was to release the guarantor rather than rescue the company, and the High Court failed to properly analyze these matters and rendered non-speaking reasoning; accordingly the impugned High Court orders were set aside and the scheme declared invalid.
28 Aug 2025

SITI MARIAM BTE ABU BAKAR PENCELAH SITI ZUBAIDAH BINTI ABU BAKAR @ SUZIE ZUBAIDAH O NEILL

Citation

JA-31NCvC-494-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-31NCvC-494-04/2025 (Mahkamah Tinggi)

Permission to intervene was granted because the proposed intervener is prima facie a lawful heir whose legal rights in respect of the estate may be directly affected, there are contested issues as to the full list of assets and liabilities, and her participation is necessary to ensure a complete and effectual administration of the estate; the court considered necessity of joinder at interlocutory stage without deciding merits.
27 Aug 2025

1. ) WONG POH WAH 2. ) TEO TZI SIN SEA TACKLE SDN BHD

Citation

B-02(NCvC)(W)-1841-09/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-1841-09/2022 (Mahkamah Rayuan)

Appellants, as directors, owed fiduciary duties and breached them by failing to disclose and obtain informed consent for conflicts of interest and by misappropriating company funds as evidenced by documentary proofs; appellants failed to rebut the prima facie evidence; High Court award of RM1,000,000 in damages (apportioned equally) and interest was appropriate and is affirmed; appeal dismissed.
7 Aug 2025

KARUNAKARAN A/L CHATU 1. ) PUVENENTHIRAN A/L GUNNASEKARAN 2. ) AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM 3. ) TAN SRI DATO' SRI (DR) MOHAMAD NORZA ZAKARIA

Citation

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)

Court held that the dispute over TNS membership is amenable to mediation under the dispute resolution clauses of TM's Constitution read with OCM's Constitution and statutory regime; TM's failure to communicate its Council decision and procedural lapses breached natural justice; the 1st Defendant's EGM of 17.11.2024 was unconstitutional; accordingly the court ordered OCM (via 2nd and 3rd Defendants) to mediate through an independent KLRCA/AIAC appointed mediator and awarded costs to the Plaintiff.
7 Aug 2025

KARUNAKARAN A/L CHATU 1. ) PUVENENTHIRAN A/L GUNNASEKARAN 2. ) AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM 3. ) TAN SRI DATO' SRI (DR) MOHAMAD NORZA ZAKARIA

Citation

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)

The court held that the dispute over TNS's membership with TM falls within the mediation/arbitration framework in TM's Article 26.1 and OCM's Article 22; OCM has power under its constitution to mediate such disputes. TM breached procedural fairness by failing to communicate its Council decision and reasons, and its inconsistent conduct precluded resisting mediation. The 1st Defendant's convening of the 17.11.2024 EGM was unconstitutional under TNS Constitution. Accordingly the court ordered OCM (with TM) to proceed to mediation via an independent mediator appointed by KLRCA/AIAC within 30 day…