Malaysia Case Law: Decisions & Judgments

Topic

Detinue

Legal area

Court

26 Feb 2026

ENCOVE SDN. BHD. 1. ) CHIN SIEW HA 2. ) JASMYRLINDA BINTI JARAEH

Citation

WA-B54-32-07/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B54-32-07/2025 (Mahkamah Sesyen)

Plaintiff failed to prove on the balance of probabilities the elements of conversion, detinue or trespass because defendants acted in their capacities as directors or agents to protect company assets and offered audit access; material facts are disputed making originating summons inappropriate; the dispute is essentially corporate governance properly determined in ongoing proceedings in Kota Kinabalu; accordingly the originating summons is dismissed with costs.
14 Oct 2025

1. ) LOKUS MEDICAL (M) SDN BHD 2. ) WONG POW LAI 1. ) LOKUS/LOCUS LLC (RUSSIA) 2. ) MALKOV ANDREI VIKTOROVICH 3. ) PETRU BALMUS 4. ) ALLIANCE CONTRACT MANUFACTURING SDN BHD 5. ) TAN GING HOON 6. ) IVAN ANG KHENG HUAT

Citation

WA-22NCvC-735-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-735-10/2019 (Mahkamah Tinggi)

ERMA was unlawfully terminated by D1 because D1 withheld technical assistance and coerced amendments, thereby breaching ERMA and causing the cessation of production; D1, D2 and D3 acted in concert by unlawful means to injure P1 and are liable in tort for interference and conspiracy; D4 was entitled to terminate the CMA once ERMA was lawfully terminated and did not conspire with sufficient pleaded particulars; D4’s counterclaim for wasted expenditure was proven and allowed; P2’s loan claim was not established as loan and was dismissed; plaintiffs failed to prove special and loss-of-profit quan…
29 May 2025

Dato' Sri Andrew Kam Tai Yeow Raub Oil Mill Sdn Bhd

Citation

WA-12BNCvC-58-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-58-05/2024 (Mahkamah Tinggi)

The High Court allowed the appeal in part: the Sessions Court Judge erred in awarding RM700/day without analysis and in failing to consider the defendant's rental quotation and the sale price; the proper approach is to award a fair rental value supported by evidence; the loss of use award was substituted with RM220,000 (rounded from calculation based on rental evidence and sale price) and the exemplary damages award of RM50,000 was overturned for lack of pleading and evidential basis. Interest and specified costs were ordered accordingly.
9 May 2025

CHAN KIM HU SAFZ AUTO SDN. BHD.

Citation

WA-22NCC-418-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-418-08/2022 (Mahkamah Tinggi)

Plaintiff failed to establish proprietary or possessory rights in the vehicles; no contractual bailment existed between plaintiff and defendant; Consent Judgment in related Suit 445 established WWC as owner; consequently plaintiff's claims in bailment, detinue, conversion and for proceeds against defendant fail.
25 Apr 2025

NGC ENERGY SDN BHD 1. ) KALSOM BINTI MUHAMAD 2. ) Goo (Goh) Say Dock berniaga sebagai PUSAT PEMBEKAL GAS BUDIMAN CERGAS [Business Registration No.: JM0192279-H] 3. ) berniaga sebagai PUSAT PEMBEKAL GAS BUDIMAN CERGAS

Citation

JB-22NCvC-30-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCvC-30-11/2023 (Mahkamah Tinggi)

The plaintiff did not have an immediate right to possession of the empty MIRA cylinders because the longstanding industry practice of cylinder exchange and buyback governs possession; consequently the plaintiff failed to prove detinue or unlawful interference on the balance of probabilities. The court ordered enforcement of the industry practice by directing a joint inspection, independent assessment of cylinder condition, and mandated exchange or, failing completion within prescribed timeframes, buyback at agreed rates. The defendants' counterclaim for outstanding transport charges was allow…
12 Mar 2025

1. ) MUHAMMAD SHAHIR BIN KHALID 2. ) MOHAMMAD RAZEEN BIN KHALID 3. ) ACTIVE8 HIM SPORTS SDN. BHD. 1. ) KO KANGMIN 2. ) HIM SPORTS SDN. BHD.

Citation

WA-12BNCvC-34-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-34-02/2024 (Mahkamah Tinggi)

On the proven facts and admitted communications there was an oral contract for sale of P2's business to D3 which was breached by failure to pay RM600,000; P1 validly elected to terminate the contract and plaintiffs proved reliance loss calculated at RM342,771; plaintiffs retained legal title to the physiotherapy equipment and proved wrongful detention entitling them to return of equipment and RM5,000; defendants failed to prove their counterclaim for losses or fiduciary breach and the counterclaim was dismissed; the Sessions Court's order striking out D3 (subparagraph 44(b)) was erroneous but…
11 Mar 2025

EASTERN PACIFIC INDUSTRIAL CORPORATION BERHAD A.D METAL TRADING & TRANSPORT SDN BHD

Citation

T-02(NCvC)(W)-1260-08/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

T-02(NCvC)(W)-1260-08/2023 (Mahkamah Rayuan)

The Court held the appropriate cause of action was trespass to goods, that there was cogent evidence the auxiliary police acted under the responsibility and control of Eastern Pacific Industrial Corporation Berhad making it liable, and that damages should be assessed on proven costs and expenses (with mitigation and deduction of revenue) rather than the gross estimated revenue; the special damages award was varied to RM207,324 and exemplary damages of RM100,000 affirmed.
20 Oct 2024

Long Kee Piling Works Sdn Bhd Chang Kian Chiang

Citation

JA-B53-7-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B53-7-12/2021 (Mahkamah Sesyen)

Plaintiff failed to prove the claimed daily loss rate and special damages with supporting documents or requisite oral evidence, therefore the court rejected the quantified claims but awarded reasonable nominal damages for loss of use (RM20,000) and for wrongful detention (RM10,000), with interest at 5% per annum from the date of the order until full settlement; no further costs for this assessment were ordered as costs had already been awarded in the earlier judgment.
11 Jul 2024

PESTECH SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

Citation

WA-22C-44-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-44-06/2023 (Mahkamah Tinggi)

The court dismissed the ex parte/inter partes injunction because on the balance of probabilities there were prima facie bona fides issues and potential inequity by the plaintiff, ownership of the machineries could not be resolved without a full trial and viva voce evidence, the public interest and potential harm to the Project weighed against granting a mandatory injunction, and damages were an adequate remedy; accordingly interlocutory equitable relief was refused subject to protective undertakings by the defendant.
16 Apr 2024

XIN TIAN HAO TRADING INC 1. ) TIAN HAO PLASTIC SDN BHD 2. ) TIAN HAO MARKETING SDN BHD 3. ) FOO SEONG WEI

Citation

BA-23NCvC-4-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-4-01/2024 (Mahkamah Tinggi)

The Court found that the Keet Gerald criteria were met: there are bona fide serious issues to be tried, the balance of convenience and justice favour maintaining the status quo, and there is a real risk that without injunction the Defendants could deal with and diminish the value of the subject materials; accordingly an interim prohibitory injunction under Sections 50 and 51 Specific Relief Act 1950 and Order 29 Rules of Court 2012 was justified and granted in favor of the Plaintiff.