Malaysia Case Law: Decisions & Judgments

Topic

Conspiracy to injure

Legal area

Court

9 Jan 2026

BLACK SWAN PETROLEUM DMCC CMB.TECH NV

Citation

WA-27NCC-14-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-14-03/2025 (Mahkamah Tinggi)

The claim against CMB. Tech NV was struck out because the statement of claim failed to disclose a reasonable cause of action for conspiracy or inducement of breach: particulars were inadequate, affidavits could not cure pleading defects, there was no pleaded or proven fraud or inequitable conduct to justify piercing the corporate veil, and the proceedings constituted an abuse of process and risked breaching natural justice by not naming the subsidiary Euronav Shipping.
13 Nov 2025

SAVILLS (MALAYSIA) SDN. BHD. 1. ) Dato Jeyaraj A/l V. Ratnaswamy 2. ) DISTRICT GRAND LODGE OF THE EASTERN ARCHIPELAGO 3. ) CHRIS TEH TEONG KHUAN 4. ) EXSIM DEVELOPMENT SDN BHD 5. ) CHRISTOPHER MARTIN BOYD

Citation

WA-22NCC-350-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-350-06/2025 (Mahkamah Tinggi)

The strike out application was dismissed because the plaintiff's statement of claim discloses reasonable causes of action and there are genuine conflicts of material fact (concerning introduction, conduct, intent and use of groundwork) and questions of intent and unjust enrichment that are not amenable to summary determination; therefore the matter must proceed to trial.
6 Nov 2025

RAFIZUDDIN BIN RAMLY FLOWBIRD MALAYSIA SDN BHD

Citation

W-02(NCvC)(W)-741-05/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-741-05/2024 (Mahkamah Rayuan)

On the evidence (particularly contemporaneous emails, admissions and circumstantial links), the trial judge was not plainly wrong to find the defendants misused Flowbird's confidential information, conspired to injure Flowbird and that the 1st and 2nd defendants breached fiduciary duties; however the High Court's damages figure for the Harding termination was excessive and must be reduced to reflect loss of profit (sales turnover less cost of sales), varied to USD51,610.00; remainder of the judgment affirmed.
6 Nov 2025

IEM SA FLOWBIRD MALAYSIA SDN BHD

Citation

W-02(NCvC)(W)-740-05/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-740-05/2024 (Mahkamah Rayuan)

On the evidence and applying the established elements for breach of confidence and fiduciary duties, the trial judge was not plainly wrong to find that confidential information was disclosed by Flowbird's employees/directors to IEM and used to secure projects, constituting breach of confidence, breach of fiduciary duty and conspiracy to injure; however the original damages award for the Rotorua contract (USD253,321.30) exceeded recoverable loss of profit and must be reduced to USD51,610.00 (sales minus cost). The remainder of the High Court judgment, including injunctions and findings of liab…
4 Nov 2025

1. ) HAN ON SDN BHD 2. ) ACONMAN SDN BHD 1. ) EAS AIR-CONDITIONING SERVICES SDN BHD 2. ) Wong Kok Khoon

Citation

WA-22NCvC-276-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-276-05/2023 (Mahkamah Tinggi)

Application to amend (Encl 102) dismissed because it was filed late without cogent explanation, amounted to a tactical manoeuvre that materially changed the character of the suit by adding new equitable and tortious causes (estoppel, conspiracy, expanded fraud), and caused prejudice that could not be compensated by costs.
14 Oct 2025

1. ) LOKUS MEDICAL (M) SDN BHD 2. ) WONG POW LAI 1. ) LOKUS/LOCUS LLC (RUSSIA) 2. ) MALKOV ANDREI VIKTOROVICH 3. ) PETRU BALMUS 4. ) ALLIANCE CONTRACT MANUFACTURING SDN BHD 5. ) TAN GING HOON 6. ) IVAN ANG KHENG HUAT

Citation

WA-22NCvC-735-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-735-10/2019 (Mahkamah Tinggi)

ERMA was unlawfully terminated by D1 because D1 withheld technical assistance and coerced amendments, thereby breaching ERMA and causing the cessation of production; D1, D2 and D3 acted in concert by unlawful means to injure P1 and are liable in tort for interference and conspiracy; D4 was entitled to terminate the CMA once ERMA was lawfully terminated and did not conspire with sufficient pleaded particulars; D4’s counterclaim for wasted expenditure was proven and allowed; P2’s loan claim was not established as loan and was dismissed; plaintiffs failed to prove special and loss-of-profit quan…
30 Sept 2025

1. ) NIRO CERAMIC SALES & SERVICES (M) SDN BHD 2. ) FOSHAN NIRO CERAMIC BUILDING MATERIALS TRADING CO LTD 1. ) GUOCERA SDN BHD 2. ) CHENG LI YONG

Citation

BA-22NCvC-381-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-381-09/2024 (Mahkamah Tinggi)

Although the plaintiffs established a serious issue to be tried, they failed to show damages would be an inadequate remedy because alleged losses were commercial and quantifiable and confidential information was not particularised; combined with delay, the contention that contractual restraints had expired, and absence of a status quo requiring preservation, the balance of convenience favoured refusal of the interlocutory injunction, so the application to continue the ad interim order was dismissed.
12 Aug 2025

MALAYAN ENERGISTIK SOLUTIONS SDN BHD 1. ) SAMUDERA WIBAWA HOLDINGS SDN BHD 2. ) YANG XIAOWEN 3. ) CHI YEW LAN 4. ) LIM CHEE YONG 5. ) YANG JINFU

Citation

WA-27NCC-2-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-2-01/2022 (Mahkamah Tinggi)

Plaintiffs failed to prove fraudulent misrepresentation or conspiracy because expert evidence and joint findings established inadequate sand thickness and unsuitable sediment composition (0.6m with high fine silt/clay) as the cause of failure; no evidence of dishonesty or overt acts by directors; no contractual obligation on SWSB to guarantee sand suitability; accordingly claims dismissed and SWSB entitled to payment for works rendered under the New Contract (RM517,333.28) with interest and costs; in Suit 2 both claims and counterclaims dismissed and each party bears own costs.
12 Aug 2025

MALAYAN ENERGISTIK SOLUTIONS SDN BHD 1. ) SAMUDERA WIBAWA HOLDINGS SDN BHD 2. ) YANG XIAOWEN 3. ) CHI YEW LAN 4. ) LIM CHEE YONG 5. ) YANG JINFU

Citation

WA-27NCC-2-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-2-01/2022 (Mahkamah Tinggi)

The failure to extract marine sand was caused by the Concession Area's sedimentary profile (sand layer ~0.6m with high fines) rendering dredging uneconomic; claimants failed to prove dishonest or reckless misrepresentations or conspiratorial conduct by defendants; the New Contract extinguished future obligations under the Sub-Contract; SWSB performed services for which RM517,333.28 is payable while other claims and counterclaims lack merit.
13 Jun 2025

1. ) Yeoh Eng Kong 2. ) Tan Chooi Hah 1. ) Benjamin Lim Keong Hoe 2. ) Genting Development Sdn. Bhd. 3. ) Stanley Ng Bond V 4. ) Tetuan CY NG & Barry 5. ) Tetuan Kevin & Co 6. ) Chong Yoon Fork 7. ) Foong Chern Yee 8. ) Tetuan Alan Lim & Sa

Citation

WA-22NCvC-652-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-652-11/2023 (Mahkamah Tinggi)

The court held P1 had a good arguable case on conspiracy and entitlement to the payment sums, assets of D3 within jurisdiction were undisputed, and P1 demonstrated a real risk of dissipation through a pattern of conduct; there was no established contravention of s22C(1)(d) Act 242; accordingly a Mareva injunction and disclosure order were justified and granted against the 3rd Defendant with specified asset restraints and deposit requirements.