Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Damages (aggravated and exemplary)
  • 22 Sept 2024

    LIM ENG HOE TAI FOO HIN

    Citation
    JA-11B-7-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-11B-7-08/2023 (Mahkamah Tinggi)

    The High Court upheld the magistrate's findings that the written tenancy agreements were sham/‘olok-olok’ documents not intended to create binding rental obligations (purpose was to facilitate local authority signboard approval); the magistrate properly accepted and relied on the consistent evidence of the drafting solicitor and there was no sufficient evidence of misrepresentation or fraud by the respondent nor basis for aggravated or exemplary damages; accordingly both appeals were dismissed and the magistrate's decision was affirmed.