Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Deposit and advance rent
  • 27 Sept 2024

    NALASAMY A/L KULANDI KANNAN CHITRA A/P VEERAIYAN

    Citation
    NA-A52NCC-39-06/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-A52NCC-39-06/2020 (Mahkamah Sesyen)

    Court found Defendant had signed exhibit D1 and, on balance of probabilities, there was an agreement (oral/conduct plus signature) that Defendant would purchase the equipment before taking possession; Defendant failed to prove the asserted losses (no admissible documentary or witness proof for lost profits, wages, loan interest) and failed to show payment of rent for May/June 2018; advance rent and deposits were properly applied to rent; therefore Defendant's counterclaim failed and was dismissed with costs.