Malaysia Case Law: Decisions & Judgments

Topic

Declaratory relief jurisdiction

Legal area

Court

31 Oct 2023

BANGSAR HILL MANAGEMENT SDN BHD 1. ) LIM KOK SENG 2. ) TAN CHOW HEE

Citation

WA-A72NCvC-4759-11/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-4759-11/2022 (Mahkamah Majistret)

On the balance of probabilities the MMA of 29 April 2005 had lapsed and plaintiff failed to prove a new or extended binding contract: invoices, a voluntary 2019 payment and use of services were insufficient to show unanimous agreement to renew; plaintiff's failure to produce the vacant possession date warranted an adverse inference; accordingly plaintiff's claim and defendant's counterclaim were dismissed.
23 Jun 2022

XXXX 1. ) ZULHARDI BIN AWANG 2. ) ZULKIFLI BIN AWANG PENCELAH BERJAYA SOMPO INSURANCE BERHAD

Citation

KE-A73KJ-37-08/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KE-A73KJ-37-08/2021 (Mahkamah Majistret)

The magistrate allowed the application in part: permission to amend the title and to join the applicant as Third Defendant and to file a defence and counterclaim was granted subject to procedural conditions, but declaratory relief under Section 96(3) Road Transport Act 1987 and orders that would be beyond the jurisdiction of the Magistrates' Court or would prejudice interlocutory rights were refused.
28 Feb 2022

Shampuddin Bin Mohd Karim Roslan Bin Ismail

Citation

TC-A72NCvC-10-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TC-A72NCvC-10-06/2021 (Mahkamah Majistret)

The court granted summary judgment because the written loan agreement and supporting evidence established the plaintiff's claim, the defendant's allegation of duress was undermined by the timing of the police report and the defendant's payment of the first instalment (showing acknowledgment), and there were no triable issues; the defendant's counterclaim for declarations was dismissed for lack of jurisdiction in the Magistrate's Court.
11 Nov 2021

AA-11B-5-05/2020 (Mahkamah Tinggi)

Citation

AA-11B-5-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-11B-5-05/2020 (Mahkamah Tinggi)

The High Court held that the Magistrates' Court lacked statutory power to make declaratory orders because the Subordinate Courts Act expressly omits that power for Magistrates' Courts; accordingly the Magistrate's declaratory finding was struck down, and on the merits the club was entitled to rely on its exclusion clauses and the volenti defence and the respondent failed to prove vicarious liability or future treatment, so the appeal was allowed with costs.

Malaysia Case Law

BANGSAR HILL MANAGEMENT SDN BHD 1. ) LIM KOK SENG 2. ) TAN CHOW HEE

XXXX 1. ) ZULHARDI BIN AWANG 2. ) ZULKIFLI BIN AWANG PENCELAH BERJAYA SOMPO INSURANCE BERHAD

Shampuddin Bin Mohd Karim Roslan Bin Ismail

AA-11B-5-05/2020 (Mahkamah Tinggi)