Malaysia Case Law: Decisions & Judgments

Topic

Grounds of judgment

Legal area

Court

2 Oct 2025

TAMILARASEN A/L MOHAN [Timbalan (TPR), Jabatan Peguam Negara]

Citation

B-05(SH)-24-01/2025 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-24-01/2025 (Mahkamah Rayuan)

The conviction and sentence were set aside because the trial judge's grounds contained manifest and material factual misdirections (notably a contradictory finding that drugs were on the accused's person when evidence showed they were in a brown paper bag in the motorcycle basket) which prejudiced the accused's defence on possession and trafficking, rendering the conviction unsafe.
9 May 2025

Hyundai Elevator Sales & Services Sdn Bhd Perbadanan Pengurusan Pandan Heights Condominium A

Citation

WA-11BNCvC-12-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11BNCvC-12-03/2024 (Mahkamah Tinggi)

The court held that Order 55 r.3(5) of the Rules of Court 2012 is mandatory; the Appellant failed to apply for the grounds of judgment within the prescribed period and did not provide a justified reason for the omission; Order 1A cannot cure an intentional or unexplained failure to comply with a mandatory rule; accordingly the preliminary objection succeeds, Enclosure 25 is dismissed with costs and the appeal is struck off as not properly before the court.
18 Dec 2024

RAHMAT BIN LING MOHD AJMAL BIN ABDUL JAMIL

Citation

CA-12B-2-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-12B-2-01/2022 (Mahkamah Tinggi)

Where trial judge's written grounds were not produced and the judge had retired, the High Court proceeded with a rehearing on the trial record; given the trial record (witness notes, investigator's statements, photographs and diagram) established the respondent was wholly responsible for the accident, the trial court's apportionment (appellant 75% respondent 25%) was unsupported and was set aside and replaced with a finding that the respondent is 100% liable. Remittance for retrial was inappropriate due to excessive delay causing prejudice.
26 Jun 2023

SUBRAYAN A/L SELLAPPAN 1. ) KRISHNAMOORTHY A/L NARAYANAN 2. ) Venmalar A/l V. Muthu

Citation

BL-12BNCvC-3-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-3-02/2023 (Mahkamah Tinggi)

The court exercised its discretion under Orders 1A, 2 r.1, 3 r.5 and 92 r.4 to allow the appellant an extension of time and leave to file the Memorandum of Appeal upon receipt of the Grounds of Judgment and dismissed the respondents' application to strike out because the respondents had knowledge of the missing Grounds and did not object earlier (waiver), the appellant acted bona fide, and the respondents would not be prejudiced by granting the extension.
16 Dec 2022

VDSL Technology Sdn Bhd 1. ) FGV Prodata Systems Sdn Bhd 2. ) LEMBAGA KEMAJUAN TANAH PERSEKUTUAN (FELDA)

Citation

WA-22NCvC-364-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-364-05/2021 (Mahkamah Tinggi)

The appeal is procedurally irregular and not competent because section 68(1)(f) of the Courts of Judicature Act 1964 prohibits appeals to the Court of Appeal against High Court refusals to set aside writs or pleadings; consequently the Registrar/Judge determined there was no need to furnish reasons of judgment for this interlocutory matter.
24 Mar 2021

Letchumy a/p Krishnan Khairil Azraf bin Mohd Sedek

Citation

BA-12B-24-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-24-02/2020 (Mahkamah Tinggi)

The Sessions Court judgment was set aside and a retrial ordered because there were no written grounds of judgment and the notes of proceedings were scanty and incomplete, depriving the appellate court of the material necessary to make reliable findings of fact on liability or quantum.

Malaysia Case Law

TAMILARASEN A/L MOHAN [Timbalan (TPR), Jabatan Peguam Negara]

Hyundai Elevator Sales & Services Sdn Bhd Perbadanan Pengurusan Pandan Heights Condominium A

RAHMAT BIN LING MOHD AJMAL BIN ABDUL JAMIL

SUBRAYAN A/L SELLAPPAN 1. ) KRISHNAMOORTHY A/L NARAYANAN 2. ) Venmalar A/l V. Muthu

VDSL Technology Sdn Bhd 1. ) FGV Prodata Systems Sdn Bhd 2. ) LEMBAGA KEMAJUAN TANAH PERSEKUTUAN (FELDA)

Letchumy a/p Krishnan Khairil Azraf bin Mohd Sedek