Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Double rent claim

Legal area

Court

28 Apr 2022

Woo Ching Yuen Lee Boon Hong

Citation

WA-A72NCvC-8297-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-8297-09/2020 (Mahkamah Majistret)

The tenancy was held to be month-to-month because rent was paid monthly after expiry of the fixed term; the plaintiff proved on balance that October and November 2019 rent and utilities were unpaid and is entitled to RM4,400 and RM814.05 with 5% interest and costs; the double rental claim failed because clause 3.5 required written notice left at or sent by post to the tenant and WhatsApp messages did not satisfy that contractual requirement.
26 Nov 2020

PEMIUTANG PENGHAKIMAN Terrence Lee Rohui for Respondent Judgment Creditor [Messrs Terrence & Randy] PENGHUTANG PENGHAKIMAN Kamarul Baharin for Appellant Judgment Debtors [Messrs Engku Aminuddin & Co.]

Citation

DALAM KEBANKRAPAN NO. WA-29NCC-(1458 & 1459)-05/2019 (Mahkamah Tinggi)
Court

1458 & 1459
Case number

DALAM KEBANKRAPAN NO. WA-29NCC-(1458 & 1459)-05/2019 (Mahkamah Tinggi)

The bankruptcy notices accurately reflected the terms of the underlying judgment; the court must not go behind the judgment in bankruptcy proceedings, the substituted service was effective because it achieved knowledge of the notices, and therefore the applications to set aside the bankruptcy notices failed.