Malaysia Case Law: Decisions & Judgments

Topic

Estoppel by acquiescence

Legal area

Court

18 Nov 2024

SL LAND SDN BHD YEOH KENG TAT

Citation

BA-B52NCvC-21-01/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCvC-21-01/2021 (Mahkamah Sesyen)

Defendant failed to discharge evidential burden to prove any prior agreement or release waiving the differential sum; parol evidence is inadmissible to vary written SPAs; no clearance or bank release letter was produced; Defendant's silence and failure to dispute notices estop him; suit was timely; therefore Plaintiff entitled to judgment for the outstanding sum and costs.
9 Mar 2020

KIMSTYLEZ FACILITIES MANAGEMENT SDN BHD (No. Syarikat : 969910-D) BADAN PENGURUSAN BERSAMA KONDOMINIUM BBK

Citation

BA-12BNCVC-62-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCVC-62-08/2019 (Mahkamah Tinggi)

The High Court held the 5.5.2015 letter constituted an absolute assignment satisfying Civil Law Act s4(3) because it was written, absolute in effect and notice reached the Defendant (evidenced by the defendant's chop and admissions); the Defendant's silence and continued acceptance of services and invoices estopped them from denying the assignment or privity; consent was unnecessary where notice was given; non‑registration under the Valuers Act attracted penal consequences but did not render the contract void. Therefore the Sessions Court was wrong and the appeal succeeds.
25 Jun 2019

SKORBINA SDN BHD (No. Syarikat: 639358-V)

Citation

BA-12BC-13-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BC-13-12/2018 (Mahkamah Tinggi)

The High Court held that the Sessions Court correctly found the invoices contained an unchallenged 2% per month interest clause and the Defendant's conduct estopped them from disputing it; factual findings that the Defendant did not timely request joint measurement and failed to produce supporting documents for counterclaims were not impeachable on appeal; therefore interest at 2% per month on the judgment sum from 18.1.2017 was allowable and the counterclaim failed for lack of proof.

Malaysia Case Law

SL LAND SDN BHD YEOH KENG TAT

KIMSTYLEZ FACILITIES MANAGEMENT SDN BHD (No. Syarikat : 969910-D) BADAN PENGURUSAN BERSAMA KONDOMINIUM BBK

SKORBINA SDN BHD (No. Syarikat: 639358-V)