Malaysia Case Law: Decisions & Judgments

Topic

Legal area

Court

8 Dec 2025

1. ) M3 TECHNOLOGIES (ASIA) BERHAD 2. ) M3 ONLINE SDN BHD 1. ) VOON SZE LIN 2. ) LIM SENG BOON 3. ) MAISARAH BINTI SAHRAN 4. ) ASMA BINTI ARIPIN 5. ) YAP SIEW DEEN 6. ) MUHAMMAD FATAHUL HARUN BIN SUMAP 7. ) FOO MING CHEONG 8. ) ZAIFAH BINTI

Citation

WA-22IP-41-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-41-07/2021 (Mahkamah Tinggi)

The plaintiffs, by failing to pay security for costs and electing not to call evidence at trial, abandoned the main action which is therefore dismissed; D3, D4 & D9 have a valid cause of action in unlawful interference with trade based on unjustified invocation of legal process and proved, on a balance of probabilities and in light of unchallenged testimony, that D9 suffered commercial harm warranting nominal and exemplary damages; consequential awards are RM10,000 nominal and RM300,000 exemplary plus costs.
28 May 2025

SWISSLOG MALAYSIA SDN BHD 1. ) GAN SOON KIAT 2. ) CHANG JUN QIANG 3. ) PANG KENT YAN 4. ) VIVIAN KHEW WEI MAN 5. ) YEOH WOOI MENG 6. ) YEOH TAN CHIN AUN 7. ) CHUAH TONG SIN 8. ) TAN WEI MING 9. ) YAP YEE HUANG 10. ) TIU YEE SENG 11. ) WOODT

Citation

WA-22IP-72-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-72-09/2024 (Mahkamah Tinggi)

The court held that plaintiff met the delivery‑up/ interim injunction test: there was a high degree of assurance of success based on cogent circumstantial evidence of copying and misuse of confidential information, clear evidence defendants possessed incriminating electronic materials and a real risk of their destruction, and the relief sought was proportionate with protective safeguards; accordingly the inter‑parte injunction was upheld and setting‑aside applications dismissed.
9 Jan 2025

MRA INTERNATIONAL SDN BHD SPC DIATECH, LLC

Citation

WA-23CY-11-03/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-11-03/2017 (Mahkamah Tinggi)

On the balance of probabilities the Defendant proved breach of the exclusive Agency Agreement, misuse of Confidential Information and copyright infringement; the court preferred the Defendant expert's costs-of-sales methodology and minimum 35% profit margin (supported by board minutes) over the Plaintiff's approach, drew adverse inferences for withheld documents, and awarded compensatory damages for breach of contract, an account of profits for misuse of confidential information, statutory damages for copyright infringement, aggravated and exemplary damages, interest and costs accordingly.
5 Dec 2024

1. ) N2N CONNECT BERHAD 2. ) NGN CONNECTION SDN BHD 3. ) N2N GLOBAL SOLUTIONS SDN BHD 4. ) HERMES BOS SDN BHD 5. ) NETINFINIUM SOLUTIONS SDN BHD 1. ) CHUA TIONG HOONG 2. ) AHMAD ASHRAF BIN AZMAN 3. ) SHYAM SUNDAR RAYUDU 4. ) WONG VOON FUI 5

Citation

W-02(IM)(IPCv)-32-01/2024 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(IPCv)-32-01/2024 (Mahkamah Rayuan)

The Court of Appeal allowed the plaintiffs' appeal in respect of discovery against Defendants 1, 5 and 6, holding that the amended Schedule A established the documents were relevant and necessary and had been in the defendants' possession/custody/power and that failure to disclose would prejudice a fair trial; confidentiality and volume do not defeat discovery and can be managed by protective orders; however the appeal as against Defendants 2–4 was not permissible because a valid consent judgment between those parties estops the plaintiffs from pursuing the claims/discovery against them.
4 Oct 2023

WA-22IP-14-03/2021 (Mahkamah Tinggi)

Citation

WA-22IP-14-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-14-03/2021 (Mahkamah Tinggi)

On the facts the court found plaintiff acquired the Stayzon business and IP, confidential regulatory materials were entrusted to the first defendant who procured new NOTs in the distributor's name without authority and caused continued representations (domain/NPRA entries) and disclosure to Hygiene parties; this satisfied elements of breach of confidence, passing off, conspiracy and unlawful interference as to first, second and third defendants, and sufficient objective similarity and causal connection established copyright infringement by the fourth and fifth defendants; first defendant brea…
6 Jul 2023

1. ) SHYAM SUNDAR RAYUDU 2. ) WONG VOON FUI 1. ) N2N CONNECT BERHAD 2. ) NGN CONNECTION SDN BHD 3. ) N2N GLOBAL SOLUTIONS SDN BHD 4. ) HERMES BOS SDN BHD 5. ) NETINFINIUM SOLUTIONS SDN BHD

Citation

W-02(IM)(IPCv)-1986-10/2021 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(IPCv)-1986-10/2021 (Mahkamah Rayuan)

The Court of Appeal set aside the Anton Piller Order because there was proven non-compliance with material terms of the APO (custody and handling of seized items, failure to identify persons executing searches) and material non-disclosures in the ex parte application (absence of true copies of the plaintiffs' software/source code and failure to disclose reasons for withdrawal/strike out of related claims), and those defects justified setting aside the APO rather than limiting relief to damages.
8 Dec 2022

MUHD NOOR BIN MUHD AMIN MARANON BIN MOHAMMED ALI

Citation

WA-22IP-71-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-71-11/2020 (Mahkamah Tinggi)

The Plaintiff's Letter did not effect an assignment or transmission of the cause of action to Jazley; in the absence of administration the proper party to continue the action is the personal representative or the deceased's next-of-kin/beneficiaries; proposed substitution raised serious locus standi and awareness issues; therefore the application to add Jazley (through Norazian) as a party was dismissed.
31 Oct 2022

Veefat Industries (M) Sdn Bhd 1. ) Go Boon Keng 2. ) Shinsu Forklift Parts Sdn Bhd PIHAK KETIGA CHEN CHONG ENG

Citation

WA-22IP-17-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-17-02/2020 (Mahkamah Tinggi)

The Plaintiff failed to establish that the claimed proprietary information met the legal criteria for confidentiality and failed to prove that the stock codes and search methods are copyrightable works (they are methods/ideas excluded by s.7(2A) and not artistic/graphic works); consequently the copyright infringement claim fails. The Defendants' defamation counterclaim failed because, although some statements contained falsity and referred to the Defendants, the Defendants did not prove that an ordinary person would understand the statements in a defamatory way causing reputational harm; ther…
26 Jul 2022

WA-22IP-77-12/2019 (Mahkamah Tinggi)

Citation

WA-22IP-77-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-77-12/2019 (Mahkamah Tinggi)

The Defendant reproduced the Plaintiffs' registered VERVE marks and copyrighted promotional materials on his commercial website to market the same development without consent; that use was in the course of trade and within the scope or associated field of the Plaintiffs' registrations, and was likely to cause confusion and false association; the Plaintiffs therefore proved trade mark infringement, passing off, copyright infringement and unlawful interference; the Defendant's implied consent defence failed; the abuse of process counterclaim failed; reliefs including injunctions, delivery up, d…
26 Jan 2022

1. ) NCR CENTURY (M) SDN BHD 2. ) CHANG LING LAI YAN CHEE

Citation

JA-23NCvC-7-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-23NCvC-7-07/2019 (Mahkamah Tinggi)

The appeal was allowed in part because the SAR erred in assessing statutory damages when the High Court's judgment did not specifically award statutory damages; only general damages properly proved could be awarded. The Defendant proved only two heads (loss of time for meetings/court and costs of attending proceedings) amounting to RM7,360, and all other claimed heads lacked admissible supporting evidence; accordingly the SAR award of RM35,000 was set aside and replaced with RM7,360 and no order as to costs of the appeal.