Malaysia Case Law: Decisions & Judgments

Topic

Damages and interest

Legal area

Court

23 Jan 2026

EKVE SDN BHD 1. ) PENTADBIR TANAH, DAERAH GOMBAK 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 3. ) PENGARAH TANAH DAN GALIAN SELANGOR 4. ) PRISTINE POWER SDN BHD 5. ) CHRISTINE CHIN SIEW LIN

Citation

BA-21NCvC-31-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-31-06/2019 (Mahkamah Tinggi)

The Court found on the balance of probabilities that the specified 0.0595 ha was validly acquired and vested in the State in 1995, was wrongly included in subsequent certified/final titles due to negligent and/or fraudulent conduct by the surveyor and certain land office officials and by Beverly Heights/Pristine Power; therefore the final title over PN119290 Lot 126868 is erroneous/defeasible and must be set aside, the relevant certified plan (PA235704) must be amended/excluded, and the 1st,2nd,3rd,6th and 7th defendants are jointly and severally liable to pay RM9,842,676.68 plus interest and…
24 Oct 2025

TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

Citation

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the Plaintiff’s consistent contemporaneous accounts and eyewitness corroboration, found the First Defendant’s accounts inconsistent and less probable, held the First Defendant negligent and the Defendants vicariously liable (100% liability), found no contributory negligence by the Plaintiff, and awarded general and special damages together with interest and costs as specified.
27 May 2025

1. ) MOHAMED NOR BIN ABU BAKAR 2. ) RAJA SARINAH BINTI RAJA ALIAS 1. ) XXXX 2. ) MOHD EZMAN BIN ZAMANI 3. ) MOHAMMAD EZWAN BIN ZAMANI 4. ) JAMES GALLOWAY STEVENSON 5. ) NOOR AZEAN BINTI ZAMANI 6. ) HANAFI BIN SULIAMAN 7. ) ROSLINA BINTI IBR

Citation

BA-22NCC-96-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-96-07/2023 (Mahkamah Tinggi)

On the balance of probabilities the court found plaintiff one proved breach by defendant company of representations to effect early redemption and was entitled to recover a measured redemption shortfall, statutory/contractual interest and damages; claims of conspiracy, fraud, veil-piercing and representative standing for the wider subscriber list were inadequately pleaded and proven and thus dismissed; equitable estoppel operated to bar the company from relying on contractual technicalities to defeat the promise of redemption where the company had held itself out and induced reliance.
14 Apr 2025

PAX INVESTMENTS LIMITED STANDARD CHARTERED BANK MALAYSIA BERHAD

Citation

WA-22NCC-231-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-231-05/2022 (Mahkamah Tinggi)

The bank breached its contractual and common law duties by mishandling the due diligence/reactivation process and negligently handling the garnishee proceedings (deficient notification, failure to dispute liability and improper release); those breaches were the but-for and proximate cause of the Plaintiff's loss; Plaintiff entitled to recover principal RM6,588,605.74 plus recoverable special damages (Malaysian legal fees and travel expenses) and interest; costs awarded on standard basis.
12 Mar 2025

NEO ALCHEMY BUILD INDIA LLP 1. ) KAH GLOVE SDN BHD 2. ) TAH KOK HUA @ KEN 3. ) CHA WEI WEI @ VIVIAN 4. ) ANG SOON THYE

Citation

BA-22NCvC-501-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-501-12/2021 (Mahkamah Tinggi)

On the balance of probabilities the court found contracts formed with KAH Glove, the goods shipped (C1-C5) were substantially used/recycled/degraded and unmerchantable contrary to the contractual description, D2/D3/D4 knowingly made false representations and conspired to deceive the Plaintiff, KAH Glove was used as an instrument of fraud and D2 was its alter ego; consequently the Plaintiff was entitled to recover the full payments made (USD1,033,420.00) with interest and costs and all counterclaims were dismissed.
5 Jul 2024

TANJUNG OFFSHORE SERVICES SDN BHD 1. ) VME PROCESS SYSTEMS MALAYSIA SDN BHD 2. ) VME PROCESS ASIA PACIFIC PTE LTD

Citation

WA-22IP-40-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-40-09/2022 (Mahkamah Tinggi)

The JSA was a contingent contract dependent on conditions precedent in clause 2.3 (notably Petronas releases) which were not fulfilled within a reasonable time and not procured because the 1st defendant did not accept Petronas' conditions; therefore the JSA and the IPPA (which was inextricably linked to the JSA) are null and void and the Bayan Settlement Sum (USD5,500,000) must be returned; additionally the July 2020 letters contained false statements of fact that were defamatory and constituted unlawful interference with the plaintiff's trade, entitling the plaintiff to injunctive relief, an…
29 May 2024

1. ) AMIRUL SYUHADAH AREFIN 2. ) ABU JOHAN BIN ABOO BACKER 1. ) ROSMALIZA BINTI HASSAN 2. ) NORHAYATI BINTI MAT NOH

Citation

KA-22NCvC-59-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-59-08/2019 (Mahkamah Tinggi)

On the balance of probabilities the plaintiffs proved their case by contemporaneous documents and credible, consistent witness evidence; defendants failed to discharge the evidential onus on their counterclaims and defenses (including allegations of collusion and illegality) which were either res judicata or not substantiated. Therefore plaintiffs are entitled to the pleaded monetary reliefs and interest and defendants' counterclaims are dismissed.
22 Jan 2024

1. ) Siva Kumar A/L Jeyapalan 2. ) AMMSA Property Sdn. Bhd. Firwas Sdn. Bhd PIHAK KETIGA 1. ) THEVANDRAN A/L K.RAGAVAN 2. ) Shoba A/p Govindasamy 3. ) Jasim Sura Puthucheary (D2 Dlm Tuntuan Balas Thevandran)

Citation

WA-22NCvC-677-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-677-10/2018 (Mahkamah Tinggi)

Court found on balance of probabilities that negotiations had been aborted, the alleged SPA was a sham created by a tri-partite conspiracy (fraudulent purchaser Siva, fraudulent agent Thevan, and an unqualified/forging conveyancer Usha and her firm); Firwas never accepted or signed the SPA; caveat lodged by Siva was wrongful; Firwas entitled to removal of caveat, damages for loss of use/opportunity (interest at 8% p.a. on RM52,200,000 from accrual date until 14 days after caveat removal), exemplary damages, and indemnity costs against the fraudsters.
22 Jan 2024

1. ) Siva Kumar A/L Jeyapalan 2. ) AMMSA Property Sdn. Bhd. Firwas Sdn. Bhd PIHAK KETIGA 1. ) THEVANDRAN A/L K.RAGAVAN 2. ) Shoba A/p Govindasamy 3. ) Jasim Sura Puthucheary (D2 Dlm Tuntuan Balas Thevandran)

Citation

WA-22NCvC-677-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-677-10/2018 (Mahkamah Tinggi)

On the balance of probabilities the court found negotiations were aborted, no binding SPA was concluded with Firwas, the defendants and associated agents acted fraudulently and in conspiracy, the caveat was wrongfully lodged; accordingly plaintiffs' claims and Thevan's counterclaim dismissed, Firwas's counterclaim allowed, removal of caveat ordered and damages (general, exemplary) and indemnity costs awarded.
16 Feb 2023

Secure Source Distribution (M) Sdn Bhd Fong Oi Lian

Citation

BA-22NCvC-544-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-544-12/2019 (Mahkamah Tinggi)

Defendant admitted receipt of RM 886,645.16 and failed to prove entitlement to those sums; alleged verbal agreement was unproven and not pleaded; director's approval was given without knowledge of inflated figures and therefore did not amount to authorization or estop the Plaintiff; on balance of probabilities the payments were misappropriated and must be repaid.