Malaysia Case Law

23 Jun 2025

1. ) LEE SUIT YIN 2. ) SRITHARAN NAIDU A/L SUNDARA RAJOO HONG LEONG BANK BERHAD

Citation

BA-22NCvC-485-11/2024 (Mahkamah Tinggi)

Court

High Court

Case number

BA-22NCvC-485-11/2024 (Mahkamah Tinggi)

Second plaintiff lacked locus standi; plaintiffs failed to raise any bona fide triable issues or credible evidence (including on forgery or fraud) to defeat the defendant's counterclaim; contractual instruments and statement of account bind P1 and provide final evidence of indebtedness; accordingly the claim was struck out and summary judgment entered for the defendant on the counterclaim.

• Summary judgment
• Striking out
• Locus standi
• Privity of contract
• Foreclosure/auction
• Deed of assignment

29 May 2025

WAN SHAHRUL BIN WAN ABD WAHAB 1. ) Pentadbir Tanah Daerah Petaling 2. ) CIMB BANK BERHAD 3. ) NORTHERN TOP PLATFORM (M) SDN BHD

Citation

BA-24NCvC-2865-12/2024 (Mahkamah Tinggi)

Court

High Court

Case number

BA-24NCvC-2865-12/2024 (Mahkamah Tinggi)

The court dismissed the Plaintiff's originative writ/application. The bank (Defendant 2) successfully invoked res judicata and, alternatively, was found to hold an indefeasible interest as a bona fide chargee/purchaser for value under the National Land Code; accordingly the registered third party charge and the bank's rights (including sale) were not set aside. Plaintiff's application to cancel the charge and set aside the auction was denied and Plaintiff was ordered to pay costs of RM15000 to Defendant 2.

• Indefeasibility of title
• Third party charge (charge/chargee)
• Res judicata
• Fraud and misrepresentation
• Foreclosure/auction
• Registrar powers and cancellation

5 Jul 2021

UNIVERSAL FLEXIBLE TECHNOLOGY SDN. BHD 1. ) RFC MANAGEMENT SDN. BHD. 2. ) BANK ISLAM MALAYSIA BERHAD

Citation

PA-22NCVC-132-08/2020 (Mahkamah Tinggi)

Court

High Court

Case number

PA-22NCVC-132-08/2020 (Mahkamah Tinggi)

Summary judgment was refused because the existence of conflicting documentary evidence from the developer (exhibits T-15 vs MKM-6 and MKM-7) and other matters raised triable issues as to ownership and validity of the transfers; the plaintiff failed to satisfy the requirement under O.14 that there be no triable issue and the reliefs sought could not be cleanly separated between the two defendants.

• Summary judgment
• Double sale
• Trust and trustee
• Validity of transfer
• Buyer in possession
• Chargee as purchaser

17 Jun 2020

ABDUL RAHIM BIN ZAKARIA HONG LEONG BANK BERHAD

Citation

WA-22NCVC-787-10/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCVC-787-10/2019 (Mahkamah Tinggi)

The High Court struck out the plaintiff's Writ and Statement of Claim because the claim was a collateral attack on a court Order for Sale and amounted to an abuse of process; the plaintiff failed to employ the statutory remedies to challenge the order, notices were deemed served by registered post, and the pleadings disclosed no reasonable cause of action; strike out was therefore appropriate and costs awarded.

• Strike out (order 18 r 19)
• Foreclosure/auction
• Service of process
• Declaration
• Abuse of process
• Estoppel

POW KHOON SIM v BAGAN TOWN DEVELOPMENT SDN BHD

Citation

POW KHOON SIM v BAGAN TOWN DEVELOPMENT SDN BHD

Court

Malaysian court

On the evidence, including the recitals and terms of the 7 March 1992 agreement and the defendants' own witnesses, the court found the Second Defendant assumed both the rights and the liabilities of the First Defendant under the earlier sale and development agreements; purchasers' consent and binding 'successors and assigns' provisions supported enforceability against the Second Defendant.

• Building contract
• Specific performance
• Assignment of rights and liabilities
• Redemption sum
• Foreclosure/auction
• Counterclaim