Malaysia Case Law: Decisions & Judgments

Topic

Double rent / mesne profits

Legal area

Court

20 Jan 2025

ALUXCARE WELLNESS SDN BHD WATSON'S PERSONAL CARE STORES SDN BHD

Citation

WA-A52NCvC-414-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-414-05/2024 (Mahkamah Sesyen)

Defendant's first acceptable offer was not made within the contractual three‑month option period and the parties never agreed the new rent; there is no implied duty to reach agreement on rent or to continue negotiations after option expiry; plaintiff was not estopped by its 31.01.2024 email; defendant held over without plaintiff's consent and is therefore liable to pay double rent / mesne profits from 01.05.2024 until vacant possession is delivered to plaintiff.
14 Nov 2024

1. ) LOW WEN LOONG 2. ) EE INN LIAN KAM SWEE KEONG

Citation

BI-A54-5-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A54-5-06/2024 (Mahkamah Sesyen)

The court found plaintiffs had complied with the tenancy terms and validly demanded vacant possession; defendant failed to comply with the renewal notice requirement and failed to surrender vacant possession after notice. Therefore plaintiffs were entitled to claim double rent under s.28(4)(a) and to retain the RM12,000 deposit under clause 4; defendant's breach allegations were unproven. The plaintiffs' application in Annexure 1 was allowed and costs awarded.
28 Oct 2024

6IXTY 8IGHT CREATIVE FASHIONS SDN BHD TROPICANA INDAH SDN BHD

Citation

BB-A52NCvC-99-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-A52NCvC-99-05/2023 (Mahkamah Sesyen)

Plaintiff failed to comply with the clear contractual requirement of clause 20(1) to give a written request at least six months before expiry; informal WhatsApp messages and assurances were insufficient and not accepted by Defendant; no signed renewal notice was returned; the tenancy therefore expired by effluxion of time on 4/3/2023 and Plaintiff held over without Defendant's consent after 30/4/2023; Defendant lawfully elected remedies including double rent under s.28(4)(a) and clause 6, so Plaintiff's claim for specific performance and related relief is dismissed and Defendant's counterclai…

Malaysia Case Law

ALUXCARE WELLNESS SDN BHD WATSON'S PERSONAL CARE STORES SDN BHD

1. ) LOW WEN LOONG 2. ) EE INN LIAN KAM SWEE KEONG

6IXTY 8IGHT CREATIVE FASHIONS SDN BHD TROPICANA INDAH SDN BHD