Malaysia Case Law: Decisions & Judgments

Topic

Enforcement of settlement

Legal area

Court

10 Mar 2023

AKAY HOLDINGS SDN BHD ARCH REINSURANCE LTD

Citation

WA-24NCvC-2113-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2113-11/2020 (Mahkamah Tinggi)

Court found on the balance of probabilities that no binding redemption agreement existed to vary the consent order; the emails were non-binding negotiations, key communicators lacked authority, and plaintiff breached the existing consent order requiring payment of USD4 million; therefore the originating summons (Lampiran 1) was dismissed and costs awarded.
30 Jan 2023

Dato' Dr. Abd. Wahab Bin Abd Ghani 1. ) Mohd Rashid Bin Mohd Noor 2. ) Dr Arul Balasingam 3. ) Ampang Puteri Specialist Hospital Sdn Bhd

Citation

WA-22NCvC-281-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-281-05/2018 (Mahkamah Tinggi)

The court held the written settlement (offer and acceptance) was binding and the settlement sum could lawfully be paid into the claimant's solicitors' client account; BNM Guidelines are non‑binding and do not displace the parties' agreed payment mechanism or established solicitor/client practice; accordingly the RM200,000 settlement was to be paid by insurers into the P.S. Ranjan & Co. client's account for the defendant/claimant, interest at 5% on RM200,000 was awarded from date of judgment to date of settlement, and costs were ordered against the plaintiff as quantified.
8 Nov 2022

Chan Sok May Siaw Ching Cheng

Citation

BA-22NCvC-264-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-264-07/2022 (Mahkamah Tinggi)

The High Court struck out the plaintiff's suit under O.18 r.19 because the consent judgment was perfected and partly implemented, the plaintiff failed to establish exceptional circumstances to set aside the consent order, and the alleged misrepresentation and withdrawal of RM111,025.00 are matters for the Sessions Court or for counterclaim/set-off, rendering the High Court action obviously unsustainable and an abuse of process.

Malaysia Case Law

AKAY HOLDINGS SDN BHD ARCH REINSURANCE LTD

Dato' Dr. Abd. Wahab Bin Abd Ghani 1. ) Mohd Rashid Bin Mohd Noor 2. ) Dr Arul Balasingam 3. ) Ampang Puteri Specialist Hospital Sdn Bhd

Chan Sok May Siaw Ching Cheng