Malaysia Case Law: Decisions & Judgments

Topic

Enforceability of agreement

Legal area

Court

25 Aug 2025

MOHAMED HANIFF BIN KHATRI ABDULLA 1. ) PARTI PRIBUMI BERSATU MALAYSIA 2. ) TAN SRI DATO' HAJI MAHIADDIN BIN MD YASIN 3. ) DATO' SERI HAMZAH ZAINUDIN 4. ) DATO' MOHAMED SALLEH BAJURI

Citation

WA-22NCvC-497-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-497-07/2021 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden of proving a contract to pay for the legal services; there was no proven acceptance of any proposal to pay and the credible evidence established services were rendered pro bono, therefore the claim for RM12.5 million fails and is dismissed.
12 Jul 2022

Kanesin A/l S.v. S. Sappaniapply 1. ) VYTHILINGAM A/L SAPPANI 2. ) PERUMAL SUNDERAN A/L VYTHILINGAM 3. ) PONNAMAL ESTATE SDN BHD

Citation

BA-22NCC-81-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-81-10/2018 (Mahkamah Tinggi)

The court found the Plaintiff failed to establish a fiduciary duty owed by the 1st and 2nd Defendants and that repayment obligations under the BIC rested on the Estate of Ponnamal; the appointments of the company secretaries were valid as the directors' resolution was properly signed; the Plaintiff's removal as director was invalid because the Defendants failed to prove the special notice was received; consequently the court granted declarations setting aside the removal and reinstated the Plaintiff and dismissed the Defendants' counterclaim.
17 Jan 2020

1. ANG SIEW HONG (NO. K/P : 670315-10-6620) 2. TAN SOH JIN (NO. K/P : 920306-10-6118) ANG WEE KIAT (NO. K/P: 901015-10-5883)

Citation

BA-22NCVC-286-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-286-07/2019 (Mahkamah Tinggi)

The Letter of Offer together with contemporaneous communications and finalized SPA terms exchanged between solicitors constituted an enforceable agreement; the defendant had consented via his solicitor and failed to raise any triable issue or bona fide defence, and issues raised (private caveat, description error, alleged losses) were either addressed in the agreed terms or insufficient to defeat specific performance; accordingly summary judgment for specific performance was appropriate.

Malaysia Case Law

MOHAMED HANIFF BIN KHATRI ABDULLA 1. ) PARTI PRIBUMI BERSATU MALAYSIA 2. ) TAN SRI DATO' HAJI MAHIADDIN BIN MD YASIN 3. ) DATO' SERI HAMZAH ZAINUDIN 4. ) DATO' MOHAMED SALLEH BAJURI

Kanesin A/l S.v. S. Sappaniapply 1. ) VYTHILINGAM A/L SAPPANI 2. ) PERUMAL SUNDERAN A/L VYTHILINGAM 3. ) PONNAMAL ESTATE SDN BHD

1. ANG SIEW HONG (NO. K/P : 670315-10-6620) 2. TAN SOH JIN (NO. K/P : 920306-10-6118) ANG WEE KIAT (NO. K/P: 901015-10-5883)