Malaysia Case Law: Decisions & Judgments

Topic

Estoppel by conduct

Legal area

Court

4 Mar 2026

1. ) SEE SUK LING 2. ) HONG CHAU YEE B.I.G INDUSTRIAL GAS SDN. BHD

Citation

AA-12B-47-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-47-12/2024 (Mahkamah Tinggi)

The High Court held the 3rd and 4th defendants remained jointly liable for the loss of cylinders because the supplies occurred while they were partners, there was no tripartite novation or evidence the creditor released them, internal post-dissolution arrangements or lack of possession do not affect third-party liability, no pleaded or proven collusion existed to shift liability, and the trial court's factual findings were not plainly wrong; appeal dismissed, judgment sum fixed at RM724,800 and costs RM6,000 ordered.
10 Dec 2025

INCITEMENT SDN BHD 1. ) FUSIONEX INNOVATIONS SDN BHD 2. ) FXI SOLUTIONS SDN BHD 3. ) ADV FUSIONEX SDN BHD

Citation

WA-22IP-20-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-20-02/2025 (Mahkamah Tinggi)

The Application was dismissed because the pleaded facts and contemporaneous documents prima facie show an executed Term Sheet dated as signed on 21 July 2020 (after the 2nd Defendant's incorporation), thus a viable cause of action exists; the 2nd Defendant's evidence (hearsay affidavit and police reports) is insufficient at interlocutory stage to establish obvious unsustainability or forgery; significant factual disputes requiring oral evidence and credibility findings preclude summary striking out.
11 Sept 2025

LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA 1. ) PERSATUAN BOLASEPAK KEDAH DARUL AMAN 2. ) MUKHRIZ BIN MAHATHIR 3. ) ABDUL RAHMAN BIN ABDULLAH 4. ) ANAS HAFIZ BIN MUSTAFFA 5. ) KHAMAL IDRIS BIN ALI 6. ) MOHD YUSURI BIN YUSOF 7. ) MOHD ASMIRUL AN

Citation

KA-22NCvC-3-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-3-01/2021 (Mahkamah Tinggi)

On the documentary record and party conduct the court found Employer Registration No.5563216 used consistently by the association establishes D1 as the employer (estoppel); the s64 certificate and Form E assessments provided prima facie and unrebutted evidence of the outstanding sum of RM503,681.00; because D2, D4 and D7 were office bearers during the period of default, s46 imposes strict joint and several liability on them irrespective of their remuneration or level of active involvement; accordingly the Plaintiff's claim against D1, D2, D4 and D7 for RM503,681.00 plus statutory dividends an…
4 Sept 2025

ONE AMERIN RESIDENCE SDN BHD RAGAWANG CORPORATION SDN BHD

Citation

B-02(C)(A)-2128-12/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(A)-2128-12/2023 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's setting aside of the 2nd Final Award because the 2nd Arbitrator erred in summarily terminating the 2nd and 3rd arbitrations, thereby depriving the respondent of its right to be heard which constitutes a breach of natural justice and conflicts with public policy under s37; however the Court limited the respondent's available claims by holding that estoppel by conduct (the appellant's set-off letter and the respondent's acquiescence and subsequent court recognition) bars any further claims under Progress Certificates 32 & 33 and for the retention su…
23 May 2025

ZHOU JIANMEI ORG VS SDN BHD

Citation

WA-A72-26-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72-26-02/2024 (Mahkamah Majistret)

The court found the agent was clothed with implied and ostensible authority by the landlord's conduct, but rejected the defendant's computer-generated payment summary (D1) for lack of s.90A foundation; on the evidential record the plaintiff proved a reduced, non-disputed arrears figure by bank evidence and was awarded RM37,435.66 plus RM3,000 for proven repair works while disallowing unproven items and the utility claim.
6 Feb 2025

SCENIC FAREAST SDN BHD BIFORST LOGISTICS SDN BHD

Citation

BA-12BNCvC-41-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-41-10/2023 (Mahkamah Tinggi)

There was no factual basis for estoppel by conduct; on the balance of probabilities the reinstatement costs were more reasonably assessed at RM515,212.00 based on the defendant's invoices and the quantity surveyor's professional estimate; the Sessions Court judgment was therefore set aside and the defendant's appeal allowed.
4 Feb 2025

1. ) KR. THIAGARAJAN 2. ) THENU CHIDAMBARAM Karuppan Chettiar Vairavan @ Somasundaram @ Kr. Somasundaram S/o Sm. Kr. Karuppan Chettiar (Sebagai Pentadbir Kepada Harta Pusaka Rm. M. Sm Karuppan Chettiar @ Sm. Kr. Karuppan Chettiar @ Sm. Kr.

Citation

AB-24NCvC-190-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AB-24NCvC-190-07/2024 (Mahkamah Tinggi)

On the facts the defendant's prolonged unexplained failure to administer the estate and distribute acquired land compensation for 27 years justified the exercise of the Court's inherent power (O.92 r.4) together with s.25A Courts of Judicature Act 1964 to order interim distribution of the plaintiffs' entitlement; the general rule that beneficiaries have no proprietary interest until administration is complete was not applied rigidly where injustice would result and no liabilities were shown to impede distribution of the specified compensation.
13 Dec 2024

1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD

Citation

WA-12ANCC-77-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-77-08/2024 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: an undertaking given for an interim injunction supplies the basis for interlocutory assessment of damages without a prior specific order; Respondents substantially complied with Order 37 R1 by timely filing and seeking directions; Appellants are estopped from late procedural objections after agreeing procedure; the evidence supported the awarded rental, salary and vehicle loss amounts and mitigation was reasonable; there is no risk of double recovery given Respondents' undertaking. Appeal dismissed and lower court order affirmed.
29 Nov 2024

Hanson Building Materials Malaysia Sdn Bhd 1. ) Chong Boon Heng 2. ) Ser Chin Poh

Citation

BA-B52C-37-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52C-37-11/2021 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the Letter of Guarantee and Indemnity as authentic and admissible (secondary evidence under ss65/66 Evidence Act), found the plaintiff proved delivery and indebtedness by invoices and delivery orders, concluded the First Defendant failed to rebut or produce expert evidence to displace the presumption of execution, applied estoppel to post-winding-up deliveries, and held Section 7 COVID-19 Act inapplicable; accordingly judgment awarded to plaintiff for the claimed sum with interest and costs.
15 Nov 2023

Chu Boon Tiong Tetuan Bahari & Bahari (Menuntut sebagai sebuah firma)

Citation

BA-12ANCvC-38-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-38-08/2023 (Mahkamah Tinggi)

The High Court upheld the Session Court's grant of summary judgment because the respondent produced documentary prima facie evidence (warrant to act, invoices, emails, exhibited payments and letters of demand) establishing the debt; the appellant failed to tax the bill within statutory time and failed to demonstrate a bona fide triable defence; appellate interference is unjustified because the trial court's factual findings were not plainly wrong.