Malaysia Case Law: Decisions & Judgments

Topic

Duress and undue influence

Legal area

Court

10 Feb 2025

Dato' Sri Andrew Kam Tai Yeow 1. ) Tan Sri Dato' Kam Woon Wah 2. ) RAUB MINING & DEVELOPMENT COMPANY SDN BHD 3. ) RAUB OIL MILL SDN BHD 4. ) WAHBUNGA REALTY SDN BHD 5. ) YUM SDN BHD 6. ) BERJAYA REALTY SDN BHD 7. ) GRANDFOODS SDN BHD 8. ) L

Citation

WA-22NCC-352-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-352-09/2017 (Mahkamah Tinggi)

The 16.1.2017 document is a valid and enforceable contract between the plaintiff and the defendant; the defendant is estopped from denying its legality; however the operative term 'entire interest' is limited to the defendant's direct, personal shares in RMDC (7 shares) and excludes indirect interests held through corporate shareholders which cannot be dealt with by the defendant alone; accordingly declarations as to 50% of the defendant's 'entire interest' are enforceable only to the extent of his direct shares and specific performance as pleaded is disallowed to the extent it would affect c…
7 Dec 2022

1. ) KO BYOUNG SOO 2. ) HAN KYUNG JA 3. ) KO SUNG HWAN 1. ) HENG HUP METAL SDN BHD 2. ) PERFECT SLRESOURCES SDN BHD 3. ) LEAD WIZARD SDN BHD 4. ) INTERCEDAR INDUSTRY (M) SDN BHD 5. ) SIA KOK CHIN 6. ) LOW HOCK SOON 7. ) Singara Velan A/L Th

Citation

WA-22NCC-616-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-616-12/2020 (Mahkamah Tinggi)

Plaintiffs failed to prove on the balance of probabilities that the alleged Loan Conditions existed; in any event plaintiffs affirmed the SSA and SHA by conduct and performance so cannot rescind; the SHA is valid despite lack of notarisation; any breach of pre-emption occurred but plaintiffs acquiesced and are barred by laches and estoppel by convention; oppression claim not established as pleaded matters were inter-shareholder or director matters and did not amount to conduct oppressive under s346 Companies Act 2016; therefore claim dismissed with costs.
22 Sept 2022

MALAYSIA DEBT VENTURES BERHAD 1. ) ALGAETECH INTERNATIONAL SDN BHD 2. ) DATO' PADUKA SYED ISA BIN SYED ALWI 3. ) ASMADI BIN MD. SAID 4. ) ABDUL HAFIZ MAHMOOD BIN HISHAM 5. ) SHEEZRIFAH BINTI ISHAK 6. ) BOBBY RONALD 7. ) LM GREENTECH SDN BHD

Citation

WA-22M-688-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-688-09/2019 (Mahkamah Tinggi)

The court held that the plaintiff proved entitlement to recover under the Guarantees: the guarantors failed to establish duress or undue influence, consideration existed linked to the grant of Facilities, profit rates were accepted and not shown to be excessive, the appointment of a receiver was not mala fide, and the plaintiff had capacity to provide Shariah financing; accordingly the counterclaim was dismissed and judgment entered for the plaintiff against the 2nd, 4th and 6th defendants with costs awarded as specified.
10 Jan 2021

1. HENG CHEW LANG (NO. NRIC: XXXXXX-XX-XXXX) 2. HENG XUANFANG (NO. NRIC: XXXXXX-XX-XXXX) 3. LEE YIHUI (NO. NRIC: XXXXXX-XX-XXXX) (All of whom has the address for service at Parit Unas Laut, 84150 Muar, Johore.) 1. HENG CHOON WAH (NO. NRIC:

Citation

JB-22NCVC-64-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-64-09/2019 (Mahkamah Tinggi)

The striking out application (Enclosure 46) was dismissed. The court applied the well‑established tests for Order 18 r.19 and concluded this was not a plain and obvious case of an unsustainable claim nor a case warranting the draconian remedy of strike out at interlocutory stage. The matters raised in the injunction application involve serious questions to be tried and are inappropriate for summary disposal; striking out paragraphs of an injunction application is not the proper remedy. Costs were ordered in the cause and parties were invited to file further submissions on Enclosures 22 and 48…
5 Oct 2020

Sin Kheng Hooi Sin Kheng Chuan (No KPT: 550520-07-5599) [melalui Saw Phek Lean No. KPT 570506-07-5574) sebagai wakil undang-undang menurut perintah Mahkamah Tinggi Pulau Pinang bertarikh 12.1.2018] Saw Phek Lean (No. KPT 570506-07-5574)

Citation

22NCvC-848-12/2012 (Mahkamah Tinggi)
Court

High Court
Case number

22NCvC-848-12/2012 (Mahkamah Tinggi)

The application was dismissed because the sum sought was not determined pursuant to the prior judgment which required an independent accounting by KCK & Associates; the plaintiff's attempt to have the court enter a calculated sum based on their own valuation bypassed the express terms of the judgment and constituted an abuse of process, and the absence of trust accounts prevented the ordered audit.

Malaysia Case Law

Dato' Sri Andrew Kam Tai Yeow 1. ) Tan Sri Dato' Kam Woon Wah 2. ) RAUB MINING & DEVELOPMENT COMPANY SDN BHD 3. ) RAUB OIL MILL SDN BHD 4. ) WAHBUNGA REALTY SDN BHD 5. ) YUM SDN BHD 6. ) BERJAYA REALTY SDN BHD 7. ) GRANDFOODS SDN BHD 8. ) L

1. ) KO BYOUNG SOO 2. ) HAN KYUNG JA 3. ) KO SUNG HWAN 1. ) HENG HUP METAL SDN BHD 2. ) PERFECT SLRESOURCES SDN BHD 3. ) LEAD WIZARD SDN BHD 4. ) INTERCEDAR INDUSTRY (M) SDN BHD 5. ) SIA KOK CHIN 6. ) LOW HOCK SOON 7. ) Singara Velan A/L Th

MALAYSIA DEBT VENTURES BERHAD 1. ) ALGAETECH INTERNATIONAL SDN BHD 2. ) DATO' PADUKA SYED ISA BIN SYED ALWI 3. ) ASMADI BIN MD. SAID 4. ) ABDUL HAFIZ MAHMOOD BIN HISHAM 5. ) SHEEZRIFAH BINTI ISHAK 6. ) BOBBY RONALD 7. ) LM GREENTECH SDN BHD

1. HENG CHEW LANG (NO. NRIC: XXXXXX-XX-XXXX) 2. HENG XUANFANG (NO. NRIC: XXXXXX-XX-XXXX) 3. LEE YIHUI (NO. NRIC: XXXXXX-XX-XXXX) (All of whom has the address for service at Parit Unas Laut, 84150 Muar, Johore.) 1. HENG CHOON WAH (NO. NRIC:

Sin Kheng Hooi Sin Kheng Chuan (No KPT: 550520-07-5599) [melalui Saw Phek Lean No. KPT 570506-07-5574) sebagai wakil undang-undang menurut perintah Mahkamah Tinggi Pulau Pinang bertarikh 12.1.2018] Saw Phek Lean (No. KPT 570506-07-5574)