Malaysia Case Law: Decisions & Judgments

Topic

Enforcement of foreign judgment

Legal area

Court

1 Dec 2025

1st CONTAINERS (UK) LIMITED PEMILIK KAPAL ATAU VESEL MV HUA XIANG 936 DARI PELABUHAN PANAMA

Citation

WA-27NCC-10-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-10-03/2025 (Mahkamah Tinggi)

The court set aside the writ in rem and warrant of arrest because the Malaysian admiralty in rem proceedings constituted an impermissible relitigation and multiplicity of proceedings of the same cause of action already adjudicated by the Rotterdam District Court and pending on appeal; in substance the Malaysian arrest sought enforcement of the Rotterdam judgment, amounting to an abuse of process under CJA 1964 s25(2) and Schedule item 11 and ROC Order 92 r4; The Rena K principle was inapplicable in the circumstances and could not override res judicata, merger, laches and acquiescence; no acti…
19 Oct 2022

PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN WANG HAI

Citation

JA-29NCC-1269-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-1269-12/2020 (Mahkamah Tinggi)

The court held the substituted service orders were irregular and liable to be set aside because JC failed to disclose and take account of a contractual service clause (clause r) identifying the debtor's Chinese residential and business addresses and failed to apply for service out of jurisdiction when material evidence showed the debtor was outside Malaysia; the ex parte application therefore lacked full and frank disclosure and the substituted service orders were set aside with costs.
18 May 2022

PEMPETISYEN M Rubini and Kumara Guru Naikar for the Petitioner [Messrs Christopher Lee & Ong] S Murali for the Respondent [Messrs Murali Sangaran]

Citation

WA-28NCC-717-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-717-10/2021 (Mahkamah Tinggi)

On the evidence (merger and conversion documents, invoices, work orders, admitted correspondence and foreign judgment in petitioner's name) the petitioner is successor in title and an unpaid creditor with locus to present the winding up petition; a winding up petition is not execution so REJA s9 does not bar the petition where the foreign judgment is from a non-reciprocating country; the statutory demand complied with statutory requirements and there was no bona fide dispute on the debt; accordingly enclosure 5 (strike out) is dismissed and the winding up petition is allowed in the terms soug…
18 Jun 2021

Wan Shahrizal Wan Ladin for the Appellant Bankrupt [Messrs Wan Shahrizal, Hari & Co.] LAIN-LAIN 1. ) Dahrick Sivam for Malayan Banking Berhad, the Opposing Creditor [Messrs Albar & Partners] 2. ) Priscilla Deng [Official Assignee, Jabatan I

Citation

IN THE BANKRUPTCY NO. WA-29PB-401-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

IN THE BANKRUPTCY NO. WA-29PB-401-07/2019 (Mahkamah Tinggi)

The appeal is allowed and discharge granted because the court, exercising its wide discretion under s33, accepted the favorable DGI report and evidence of the bankrupt's satisfactory conduct and payments, found the bankruptcy was caused by guarantor circumstances beyond his control, noted creditors (including liquidators) did not oppose, and that MBB failed to properly raise or prove offences/non‑disclosure so as to bar discharge.
27 Dec 2019

LEE CHOON HEI (NRIC No.: 490928-10-5331) CHEAH BOON HOE (NRIC No.: 571211-08-6107) (formerly the Principal Owner of the firm Messrs. Paul Cheah & Assocaites and now practising under the name of Messrs Paul Cheah Associates)

Citation

WA-22NCC-258-05/2019 (No. 2) (Mahkamah Tinggi)
Court

No. 2
Case number

WA-22NCC-258-05/2019 (No. 2) (Mahkamah Tinggi)

Defendant remained a partner because the Partnership Agreement continued in effect, he continued to receive profit shares and exercise management rights, and no variation or transfer of his partnership interests was proved; the earlier third‑party proceeding was terminated procedurally and did not dispose of the merits so res judicata did not apply; indemnity claim was not premature under authority that cause of action for indemnity runs from date defendant is held liable; Plaintiff's bankruptcy was stayed so the action could proceed.

Malaysia Case Law

1st CONTAINERS (UK) LIMITED PEMILIK KAPAL ATAU VESEL MV HUA XIANG 936 DARI PELABUHAN PANAMA

PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN WANG HAI

PEMPETISYEN M Rubini and Kumara Guru Naikar for the Petitioner [Messrs Christopher Lee & Ong] S Murali for the Respondent [Messrs Murali Sangaran]

Wan Shahrizal Wan Ladin for the Appellant Bankrupt [Messrs Wan Shahrizal, Hari & Co.] LAIN-LAIN 1. ) Dahrick Sivam for Malayan Banking Berhad, the Opposing Creditor [Messrs Albar & Partners] 2. ) Priscilla Deng [Official Assignee, Jabatan I

LEE CHOON HEI (NRIC No.: 490928-10-5331) CHEAH BOON HOE (NRIC No.: 571211-08-6107) (formerly the Principal Owner of the firm Messrs. Paul Cheah & Assocaites and now practising under the name of Messrs Paul Cheah Associates)