Malaysia Case Law

16 Jun 2025

VISHAAK A/L RAMESH 1. ) RAVINNA A/P RAMAN 2. ) Kementerian Pembangunan Wanita, Keluarga dan Masyarakat

Citation

WA-25-321-08/2024 (Mahkamah Tinggi)

Court

High Court

Case number

WA-25-321-08/2024 (Mahkamah Tinggi)

Applicant failed to plead or evidence special circumstances connected to enforcement of the Tribunal award; assertions of reputational harm were bare averments and insufficient; merits and evidentiary disputes (identity of uploader) are to be determined at the substantive JR; therefore stay of execution was not justified and application dismissed with costs.

• Stay of execution
• Judicial review
• Enforcement of tribunal awards
• Anti-sexual harassment act 2022
• Damages for non-consensual dissemination

Puncakdana Sdn Bhd vs Tribunal for Homebuyers Claims

Citation

Puncakdana Sdn Bhd vs Tribunal for Homebuyers Claims

Court

Malaysian court

Part VI of the Amendment Act (which established the Tribunal) does not operate retrospectively; there is no clear statutory language conferring retrospective jurisdiction and applying Part VI to agreements entered before 1 December 2002 would affect substantive rights and expose developers to retrospective criminal liability under s16AD, contrary to the presumption against retrospectivity and Article 7; therefore the Tribunal has no jurisdiction over sale and purchase agreements entered before 1 December 2002.

• Jurisdiction of statutory tribunal
• Retrospectivity of legislation
• Prohibition of retrospective criminal laws
• Limitation of jurisdiction
• Enforcement of tribunal awards