Malaysia Case Law: Decisions & Judgments

Topic

Fraud and conspiracy

Legal area

Court

16 Apr 2026

PRIMUS EQUITIES & ASSETS SDN. BHD. 1. ) LANGKASUKA LAND SDN. BHD. 2. ) WIDAD BUSINESS GROUP SDN. BHD. 3. ) TAN SRI MUHAMMAD IKMAL OPAT BIN ABDULLAH 4. ) ILHAM WIDAD BIN MUHAMMAD IKMAL OPAT 5. ) JAMILAH BINTI MAHAMAD ISA 6. ) Pentadbir Tanah

Citation

WA-22NCC-341-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-341-05/2025 (Mahkamah Tinggi)

The court found the plaintiff has a good arguable case and there is a real risk of dissipation based on the admitted conduct of D1 and D3 and the circumstantial evidence of dishonest conduct; assets were disclosed within jurisdiction; however registered chargees (PERKESO and OCBC) hold prior proprietary/statutory rights which must not be prejudiced, therefore the Mareva injunction is continued only as against D1 and D3 and varied to preserve the chargees’ foreclosure rights while discharged as against D4 and D5.
9 Sept 2025

1. ) P. PONNAMAL A/P PONNIAH 2. ) PREMA A/P ACHU 3. ) DEBORAH ANN RODRIGO 4. ) Y.M.CHE ENGKU MAHIRAH BT ABDULLAH 5. ) GOH CHIANG BENG 6. ) ALEXANDER VINCENT 7. ) GEA BAN THONG 8. ) NG GUAT TIN 9. ) KOH KOCK KEANG 10. ) SUPRAMANIAM A/L S SHA

Citation

WA-22NCC-606-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-606-11/2022 (Mahkamah Tinggi)

The court held that the 3rd, 4th and 5th defendants engaged in deposit-taking without a licence under section 137(1) FSA 2013 (facts supported by BNM public statements and undisputed bank transfers), but section 270 FSA prevents such contracts from being void ab initio and plaintiffs may recover deposits; evidence established commingling of funds and that the defendants operated as a single economic unit with the 1st defendant as the controlling mind, fraud and misrepresentations were proved on balance of probabilities, the corporate veil was lifted and the 1st to 4th defendants were made joi…
4 Dec 2024

1. ) MULTI AUTOMOTIVE SERVICE AND ASSIST SDN BHD 2. ) AUTO RESCUE SDN BHD 3. ) THAEVAN A/L VELLAIPOOVAN 4. ) VICKNESWARAN A/L SUPPIAH 5. ) HEMMA A/P VICKNESWARAN PROTON EDAR SDN BHD

Citation

WA-12BNCvC-73-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-73-05/2023 (Mahkamah Tinggi)

The High Court, on rehearing, found the Sessions Court was not plainly wrong: the payment of RM277,501.00 was an overpayment for services not rendered and constituted unjust enrichment requiring refund; evidence supported that Auto Rescue was formed to continue D1's business and to avoid liability, amounting to fraud and justifying lifting the corporate veil to hold the individuals liable; accordingly the appeal was dismissed.
15 Jul 2024

1. ) Gunalan A/l Gopal 2. ) Yesu Steven A/l Gunalan 1. ) LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P) 2. ) RAVI A/L LATCHUMANAH

Citation

AA-12B-16-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-16-07/2023 (Mahkamah Tinggi)

On the balance of probabilities the Court found the Sessions Court had erred in evaluating critical evidence (medical records indicating a skid and intoxication, absence of rear damage to the motorcycle, delayed and inconsistent police reports and witness statements) and that, cumulatively, the evidence supported collusion and a fabricated claim; accordingly the appeals were allowed, the Sessions Court decision set aside and the Respondents' claims dismissed with costs.
22 Jan 2024

1. ) Siva Kumar A/L Jeyapalan 2. ) AMMSA Property Sdn. Bhd. Firwas Sdn. Bhd PIHAK KETIGA 1. ) THEVANDRAN A/L K.RAGAVAN 2. ) Shoba A/p Govindasamy 3. ) Jasim Sura Puthucheary (D2 Dlm Tuntuan Balas Thevandran)

Citation

WA-22NCvC-677-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-677-10/2018 (Mahkamah Tinggi)

On the balance of probabilities the court found negotiations were aborted, no binding SPA was concluded with Firwas, the defendants and associated agents acted fraudulently and in conspiracy, the caveat was wrongfully lodged; accordingly plaintiffs' claims and Thevan's counterclaim dismissed, Firwas's counterclaim allowed, removal of caveat ordered and damages (general, exemplary) and indemnity costs awarded.
6 Dec 2023

PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) JEYA PRAKASH A/L ARASAN 2. ) GUNALAN A/L PECHIMUTU

Citation

JA-12A-6-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12A-6-02/2023 (Mahkamah Tinggi)

The High Court allowed D2's appeal: D2 had the right to intervene and to apply to set aside the judgment because of its statutory interest under s96(1) RTA; the setting aside application was not fatally defective and any technical non-compliance did not prejudice parties; D2 had produced prima facie evidence of fraud and conspiracy warranting a trial; accordingly the default judgment was set aside and the matter remitted to the Sessions Court for a full hearing, with costs awarded to D2.
11 Oct 2022

Tengku Reza Shah Bin Tengku Chaidzir Shah 1. ) ASIAPURA LANDS SDN. BHD. 2. ) Kang Hock Hin 3. ) PENDAFTAR HAKMILIK NEGERI JOHOR 4. ) Gavin Low Peng Kuan 5. ) BRUMASI HOLDINGS SDN BHD 6. ) TEO CHENG HUA 7. ) BUMACI HOLDINGS SDN. BHD. 8. ) SO

Citation

JA-22NCvC-258-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-258-12/2018 (Mahkamah Tinggi)

The consent order in Suit 171 could not be set aside because the Plaintiff was not a party to that suit and therefore lacked locus standi; the consent order was recorded after judicial mediation with counsel who had authority to bind D5, making the order binding; and setting it aside would affect the interests of a third party (Bangsar Heights Pavilion) not joined to this action. As a result, the court limited relief to awarding damages against those found to have conspired/misconducted (D2, D7 and D8) rather than nullifying the consent order or transfers.
21 Dec 2020

LAMAN REALITI SDN BHD 1. JIWA RAKYAT SDN BHD & 7 OTHERS

Citation

WA-22NCVC-30-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-30-01/2020 (Mahkamah Tinggi)

The 7th Defendant held registered title by court order and thus enjoyed statutory indefeasibility under s.340 NLC; the Plaintiff failed to particularise any role of the 7th Defendant in the alleged conspiracy and the pleaded facts undermined any inference of collusion; accordingly there was no reasonable cause of action against the 7th Defendant and the claim against him was struck out as plain and obvious, frivolous, vexatious and an abuse of process.
7 Sept 2020

FELDA INVESTMENT CORPORATION SDN BHD [No. Syarikat: 201301022616 (1052445-A)] SYNERGY PROMENADE SDN BHD [No. Syarikat: 200001014378 (516984-D)]

Citation

WA-24NCC(ARB)-5-01/2020 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-5-01/2020 (Mahkamah Tinggi)

Article 9.04 is not pathological or void; the Development Agreement contained an arbitration agreement; Section 18 Arbitration Act 2005 gives the arbitral tribunal primary jurisdiction to rule on its own jurisdiction and validity of the arbitration agreement, with limited recourse to the High Court by way of appeal under s.18(8); the Plaintiff’s remedy was to raise jurisdictional objections before the tribunal (and, if applicable, appeal its preliminary ruling), not to obtain a permanent anti-arbitration injunction. Accordingly the originating summons seeking a permanent injunction was dismis…
23 Jul 2020

SYNERGY PROMENADE SDN. BHD [Company No.: 516984-D] 1. FELDA INVESTMENT CORPORATION SDN BHD [Company No.: 1052445-A] 2. FEDERAL LAND DEVELOPMENT AUTHORITY

Citation

WA-22NCVC-477-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-477-07/2019 (Mahkamah Tinggi)

Summary judgment was refused and the application dismissed because the Defendants established serious triable issues: credible allegations of fraud, conspiracy and backdating; material disputes over execution sequence, POA, sale/lease transactions and absence of Ministerial approval under the Land Development Act raising potential illegality; and limitation/PAPA issues. The matters require full trial and viva voce evidence before any order for specific performance can be made.