Malaysia Case Law: Decisions & Judgments

Topic

Damages claim

Legal area

Court

11 Mar 2024

LIANG SEOW MING CHEN VOON FOOI

Citation

JA-A72NCvC-820-08/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCvC-820-08/2022 (Mahkamah Majistret)

Plaintiff failed to prove on the balance of probabilities that defendant's repairs caused the alleged defects; plaintiff was bound by pleadings, had accepted and paid for work after inspection and test drive, evidence from interested witnesses was unreliable and documentary proof for subsequent repair costs was unsubstantiated; therefore claim dismissed and costs awarded to defendant.
28 Jun 2021

WEPLAS INDUSTRIES SDN BHD SPRINGSGATE (M) SDN BHD

Citation

BL-12B-18-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12B-18-12/2020 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: defendant 3 failed on balance of probabilities to prove breach causing the alleged losses; documentary evidence without makers' testimony was insufficient to establish orders and losses; credible evidence (including TNB witness) showed electricity interruption was due to meter tampering; appellate intervention was unwarranted as trial judge was not plainly wrong.
9 Feb 2021

1. ) Ocean Masters Logistics Sdn Bhd 2. ) MAHENDRAN A/L SHUNMUGAN SUNDARAM Zam Azimah Ghazilli

Citation

B52NCVC-280-10-2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

B52NCVC-280-10-2020 (Mahkamah Sesyen)

Defendant's own admissions and the exhibited WhatsApp communication established factual allegations that DSR and other documents were to be provided to a third party and raised triable issues of fact and law (breach of clause 8.1); therefore the claim was not on its face obviously unsustainable and the strike out under O 18 r 19 was refused.
16 Dec 2020

NAVINCHANDRAN A/L G.M. NAIDU KASSIM BIN ABD RAHMAN

Citation

WA-22NCVC-374-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-374-07/2020 (Mahkamah Tinggi)

Plaintiff lacked privity and locus standi because he was a guest permitted under a reciprocal arrangement between clubs, not a member of RCS; no contractual or tortious duty existed to trigger a right to be heard, so alleged denial of natural justice could not found a standalone cause of action; the claim was therefore plainly unsustainable and frivolous and rightly struck out under Order 18 r.19, with costs awarded to defendant.
30 Jan 2020

SEPANG INTERNATIONAL CIRCUIT SDN BHD (NO. SYARIKAT : 457149-T) M7 RACING SDN BHD (NO. SYARIKAT : 885971-K)

Citation

JA-22NCC-2-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-2-01/2019 (Mahkamah Tinggi)

Defendant was estopped from denying the debt because its conduct and admissions (including rescheduling proposals and payments) acknowledged the obligation; documentary and witness evidence established the MYR300,000 was an initial payment towards the Agreed Fee for 2016 and a binding contract existed by conduct in 2016 despite formal signatures in 2017; Defendant failed to prove undue influence, uncertainty, or breach and failed to prove alleged losses, therefore Plaintiff's claim for the unpaid balance succeeds and Defendant's counterclaim fails.

Malaysia Case Law

LIANG SEOW MING CHEN VOON FOOI

WEPLAS INDUSTRIES SDN BHD SPRINGSGATE (M) SDN BHD

1. ) Ocean Masters Logistics Sdn Bhd 2. ) MAHENDRAN A/L SHUNMUGAN SUNDARAM Zam Azimah Ghazilli

NAVINCHANDRAN A/L G.M. NAIDU KASSIM BIN ABD RAHMAN

SEPANG INTERNATIONAL CIRCUIT SDN BHD (NO. SYARIKAT : 457149-T) M7 RACING SDN BHD (NO. SYARIKAT : 885971-K)