Malaysia Case Law: Decisions & Judgments

Topic

Factoring

Legal area

Court

17 Mar 2025

LYTE MALAYSIA SDN. BHD. 1. ) JANWELL PROPERTIES SDN. BHD. 2. ) LIU SONG CHEN 3. ) LAU TSE CHEH

Citation

BA-22NCvC-435-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-435-10/2024 (Mahkamah Tinggi)

On the documentary record the Agreement operates as a Syariah‑compliant factoring arrangement (Bay'-al-Dayn bi al-Sila) rather than a moneylending transaction; consequently it is not illegal or subject to IFSA licensing on the facts pleaded, and because there were no triable issues and the sums due were undisputed, summary judgment was proper.
19 Mar 2024

UNITED OVERSEAS BANK (MALAYSIA) BHD VIACOR ASIA SDN BHD PIHAK KETIGA DICADANGKAN Arokiasamy A/l Thangaraju

Citation

BA-22NCC-92-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-92-08/2021 (Mahkamah Tinggi)

The Notice of Assignment (11/8/2016) is not subject to the terms of the uFactor Agreement as Defendant is a stranger to that contract; Plaintiff acquired enforceable rights by written assignment and notice under Civil Law Act s4(3) and therefore has locus standi to sue; filing proofs of debt against the assignor/guarantor did not repurchase/extinguish the debt absent actual repayment; Clause 18.20 does not bar Plaintiff from alternative tort relief against Defendant; Defendant is estopped from disputing indebtedness by its conduct and payments, accordingly judgment entered for Plaintiff for R…
15 Feb 2023

MODALKU VENTURES SDN BHD E-TECH IT SDN BHD

Citation

WA-22NCC-303-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-303-06/2022 (Mahkamah Tinggi)

The Notice of Assignment unequivocally and validly assigned absolutely the invoices and receivables to the Plaintiff; the Defendant failed to raise a bona fide triable issue because the alleged verbal agreement was inadmissible and inconsistent with the written Notice which prohibited variation without Plaintiff's written consent, the Defendant had acknowledged receipt of goods as in good condition, equitable set-off was not established as not sufficiently connected, and concurrent proceedings against assignor and debtor do not amount to double recovery while debt remains unpaid; accordingly…

Malaysia Case Law

LYTE MALAYSIA SDN. BHD. 1. ) JANWELL PROPERTIES SDN. BHD. 2. ) LIU SONG CHEN 3. ) LAU TSE CHEH

UNITED OVERSEAS BANK (MALAYSIA) BHD VIACOR ASIA SDN BHD PIHAK KETIGA DICADANGKAN Arokiasamy A/l Thangaraju

MODALKU VENTURES SDN BHD E-TECH IT SDN BHD