Malaysia Case Law: Decisions & Judgments

Topic

Dishonoured cheque

Legal area

Court

3 Jan 2025

1. ) LEOW KIM YOON 2. ) OH SOON HENG 3. ) OH SOON LAI LIAO BINGXIANG [SEBAGAI WASI KEPADA HARTA PUSAKA NAI KONG HUI]

Citation

BA-12BNCvC-54-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-54-08/2024 (Mahkamah Tinggi)

On the balance of probabilities the Sessions Court correctly found that the Plaintiff performed renovation works at the defendants' direction, contemporaneous WhatsApp messages and admissions established the agreed costs and outstanding sum, the issuance and subsequent dishonour of the cheque amounted to part payment and evidence of liability, and the Second and Third Defendants (as co-owners and benefitting parties with connections to the cheque issuer) were jointly and severally liable under unjust enrichment principles; appellate court found no error of law or fact and dismissed the appeal.
12 Dec 2024

1. ) BLJ Commercials Pte Ltd 2. ) Chen Boon Leong 1. ) Suntruck Sdn Bhd 2. ) Chen Boon Koh 3. ) Chen Boon Keng

Citation

WA-22NCC-632-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-632-09/2024 (Mahkamah Tinggi)

The court found the Plaintiffs proved an undisputed debt of GBP357,250 by invoices, delivery documents, promissory notes and a post-dated cheque; the Defendants' claims of duress, fraud and defective goods were unsubstantiated and raised no triable issues, therefore summary judgment under Order 14 r.1 Rules of Court 2012 was appropriate and granted in favour of the Plaintiffs.
29 Aug 2024

KOPERASI PELABURAN KAKITANGAN BANK MUAMALAT MALAYSIA BERHAD 1. ) MOHAMED NOOR BIN MOHAMED AMIN 2. ) AZAINE BIN MOHAMED (yang beramal di bawah nama dan gaya TETUAN AZAINE & FAKHRUL) 3. ) MOHAMED AMIN BIN OSMAN 4. ) SYUKRINA BINTI MOHAMED AMI

Citation

BA-22NCvC-322-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-322-08/2022 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden of proof on the balance of probabilities that Defendant 2 owed and breached a fiduciary or legal duty to the Plaintiff or was complicit in fraud; Defendant 2 acted for Defendant 1, returned funds upon dispute, and there was insufficient evidence of collective responsibility with Defendant 1, therefore liability for the unpaid sums lies with Defendant 1 and Plaintiff’s claim against Defendant 2 is dismissed.
3 May 2023

JACKY AND JACKY CONSTRUCTION YAP KEN NAN

Citation

AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)

Plaintiff met the procedural and substantive prerequisites for summary judgment; the defendant's explanations were held to be sham/afterthoughts, failed to raise any triable issue and thus did not rebut the plaintiff's affidavit; accordingly discovery of the specified bank statements was ordered and summary judgment for RM700,000 was entered against the defendant with costs.
3 May 2023

JACKY AND JACKY CONSTRUCTION YAP KEN NAN

Citation

AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)

Plaintiff satisfied the procedural and substantive prerequisites for summary judgment on a dishonoured cheque supported by a letter of guarantee and corroborating WhatsApp evidence; Defendant's explanations were unsubstantiated, amounted to afterthoughts and did not raise a triable issue, therefore summary judgment and the requested discovery were properly granted with costs.
8 Jul 2022

LOH TECK WAH 1. ) EUROLAND & DEVELOPMENT SDN BHD 2. ) WAWA TRADING SDN BHD 3. ) Tong Yun Mong 4. ) Choong Yuen Keong @ Tong Yuen Keong

Citation

BA-22NCvC-341-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-341-09/2021 (Mahkamah Tinggi)

Plaintiff met the Order 14 prerequisites; defendant failed to establish any triable issue that would defeat summary judgment because the Friendly Loan Agreement and two issued cheques constituted an admission of debt and the alleged conspiracy and other transactions were unconnected separate matters properly pursued by counterclaim; summary judgment entered for RM500,000 with costs RM5,000.
27 Jun 2022

LIONG SHAN GROUP SDN BHD ODR LUBRICANTS SDN BHD

Citation

WA-12ANCC-163-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-163-12/2021 (Mahkamah Tinggi)

Appellant failed to raise any bona fide triable issue: it did not dispute invoices or request supporting documents before issuing nine post-dated cheques, and its conduct amounted to acceptance of the indebtedness; summary judgment was therefore proper but appellate court varied the interest to 5% per annum from 30.11.2020 and awarded costs to respondent.
27 May 2022

MALAYSIA LAND PROPERTIES SDN BHD 1. ) HHM FACILITIES SDN BHD 2. ) TAN SRI DATUK DR KAMAL BIN MAT SALIH 3. ) KAHLIL ANWAR BIN KAMAL 4. ) ROSNAH BINTI ABU BAKAR 5. ) NAJJAH BT AB GHANI

Citation

WA-22NCvC-475-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-475-07/2021 (Mahkamah Tinggi)

Because the defendants admitted the material facts and the settlement agreement and advanced no substantive triable issue—only an explanation for dishonoured cheques and an offer to replace them—the court found no defence and granted summary judgment for the plaintiff.
18 May 2022

SYED HOOD BIN SYED EDROS SARIMAH BINTI MAT ISA

Citation

BD-A72NCvC-261-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BD-A72NCvC-261-12/2021 (Mahkamah Majistret)

The court found genuine and material triable issues — notably who filled dates/amounts on presigned cheques and whether delivery of presigned cheques constituted an unequivocal admission to be liable — and held those issues could not be resolved on affidavits alone; therefore summary judgment under Order 14 and judgment on admission under Order 27 were refused and the matter must proceed to full trial.
15 Sept 2021

Gan Kok Hwa Loo Chooi Ting

Citation

WA-22NCC-159-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-159-04/2021 (Mahkamah Tinggi)

Applying the Bills of Exchange Act presumptions (ss.27,30,47,55) the defendant failed to rebut on the balance of probabilities that the cheque was given for valuable consideration; the alleged set-off and counterclaim are irrelevant to an action on a cheque and did not raise a triable issue or show total/quantified failure of consideration; notice of dishonour was not required; summary judgment for the face value of RM1,700,000 was therefore ordered.