Malaysia Case Law: Decisions & Judgments

Topic

Evidence and credibility

Legal area

Court

10 Apr 2025

TP3 RESOURCES SDN. BHD. 1. ) HAU MUN MENG 2. ) TP3 RESOURCES SDN BHD ( dalam tuntutan balas) 3. ) Raja Shazreen Petra Binti Raja Azman Shah ( Dalam Tuntutan Balas) 4. ) Raja Iman Petra Bin Raja Azman Shah ( Dalam Tuntutan Balas) 5. ) Asia G

Citation

BA-22NCvC-223-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-223-06/2022 (Mahkamah Tinggi)

TP3 failed to prove that Hau's breaches (delay in share allotment and delayed payments) were repudiatory or causatively linked to the loss of the TSR Contract; TP3 waived the timing breach by accepting five instalment payments and lacked readiness to perform the TSR Contract; TP3 breached its obligations by failing to apply the RM1.5 million to procure vehicles from Asia Seagate, entitling Hau to repayment of RM1.5 million with interest and costs; guaranteed profits and shareholder liability cannot be awarded absent privity or veil-piercing.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)

The court held that prosecution proved beyond a prima facie standard that T1 and T2 acquired, transported and retained Cambodian workers and exploited them for forced labour using means including illegal smuggling, retention of passports, debt bondage, confinement and threats; the defendants acted with common intention under section 34; consent was irrelevant; therefore both defendants convicted under section 12 Akta 670 read with section 34 and ordered to pay statutory compensation under section 66A.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)

On the totality of credible evidence the prosecution proved beyond reasonable doubt all elements of section 12 Act 670: victims were non‑children, were procured/retained for exploitation (forced labour) by unlawful means (illegal entry, passport retention, absence of permits, confinement, excessive hours, withheld wages, debt‑bondage) and coercion was established by threats, confinement and abuse of legal process; common intention between the two accused was inferable from their coordinated actions and documentary and witness evidence; accordingly both accused were convicted and sentenced and…
16 Feb 2024

Raja Nurnasri Bin Raja Kamaruzaman [Pejabat Setiausaha Kerajaan Negeri]

Citation

BA-42JSKS-4-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42JSKS-4-06/2023 (Mahkamah Tinggi)

The appellate court held that the trial judge did not err in principle or exercise of discretion; given the seriousness of a sexual assault on a 14-year-old by a teacher and breach of trust, and having regard to Act 792 and relevant case law, the sentence of 12 years imprisonment and 2 strokes was not manifestly excessive and did not warrant interference.
27 May 2021

MOHD NOR KHAN BIN GULAM HAIDER (NO. K.P. 700927-08-6063) 1. ) AIRASIA BERHAD (9284669-W) 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-579-12-2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-579-12-2019 (Mahkamah Tinggi)

The High Court dismissed the judicial review: the Industrial Court Award was not tainted by illegality, irrationality or procedural impropriety; the change of Chairman was within statutory powers and did not prejudice the applicant; the Industrial Court's factual findings were supported by evidence and the dismissal for breach of safety procedures was reasonable and proportionate.

Malaysia Case Law

TP3 RESOURCES SDN. BHD. 1. ) HAU MUN MENG 2. ) TP3 RESOURCES SDN BHD ( dalam tuntutan balas) 3. ) Raja Shazreen Petra Binti Raja Azman Shah ( Dalam Tuntutan Balas) 4. ) Raja Iman Petra Bin Raja Azman Shah ( Dalam Tuntutan Balas) 5. ) Asia G

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Raja Nurnasri Bin Raja Kamaruzaman [Pejabat Setiausaha Kerajaan Negeri]

MOHD NOR KHAN BIN GULAM HAIDER (NO. K.P. 700927-08-6063) 1. ) AIRASIA BERHAD (9284669-W) 2. ) MAHKAMAH PERUSAHAAN MALAYSIA