Malaysia Case Law: Decisions & Judgments

Topic

Existence of partnership

Legal area

Court

2 Oct 2023

CHU TUANG LIN 1. ) MU BOON HOCK 2. ) Chu Sock Fen

Citation

CB-22NCvC-8-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-8-05/2021 (Mahkamah Tinggi)

Court found a partnership existed but plaintiff failed to prove defendants engaged in the alleged misconduct (cutting water) or that conduct reached the threshold under s37(c),(d),(e) or (f) to justify dissolution; losses alleged were ordinary commercial risks of partnership and there was no proven deadlock or loss of trust making dissolution just and equitable; accordingly plaintiff's claim and defendants' counterclaim were dismissed.
15 Feb 2022

ROSIDIN BIN MARJAN 1. ) NORAZILA BINTI MOKHTAR 2. ) TETUAN RAHA YASIN & CO

Citation

BA-12BNCvC-9-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-9-03/2021 (Mahkamah Tinggi)

The appeal is dismissed because the Appellant failed to prove on a balance of probabilities the existence of a partnership and a 50:50 profit sharing in respect of the 39 transacted properties; there was no credible documentary or audited evidence to support the RM660,500 claim; the 2nd Respondent was not shown to be the Appellant's solicitor and the documents sought are privileged under s126 Evidence Act 1950; the non-availability of notes of evidence did not cause a mistrial and did not justify a retrial.
14 Jul 2021

Malenee A/P Murugan 1. Muhelen A/L Murugan 2. Mathani A/P Murugan

Citation

WA-22NCC-51-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-51-01/2020 (Mahkamah Tinggi)

On the totality of evidence the contemporaneous SSM partnership registration signed by all four siblings together with the conduct of the parties (including the agreement to utilize profits for family obligations and the Plaintiff's management on behalf of partners) established that the business was carried on in common with a view of profit; management by one sibling did not negate partnership. Therefore declaration of partnership was appropriate and equitable accounting orders for 2011–2019 were refused as profits for that period were treated as settled by the parties' conduct; Plaintiff ma…

Malaysia Case Law

CHU TUANG LIN 1. ) MU BOON HOCK 2. ) Chu Sock Fen

ROSIDIN BIN MARJAN 1. ) NORAZILA BINTI MOKHTAR 2. ) TETUAN RAHA YASIN & CO

Malenee A/P Murugan 1. Muhelen A/L Murugan 2. Mathani A/P Murugan