Malaysia Case Law: Decisions & Judgments

Topic

Inducement

Legal area

Court

18 Mar 2024

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Citation

B-02(NCvC)(W)-1607-08/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-1607-08/2022 (Mahkamah Rayuan)

The Court held the Salient Terms were qualified, preliminary promises/agreement in principle requiring further negotiation and thus were not unambiguous statements of existing fact capable of sustaining an action for misrepresentation; even if construed as representations the evidence did not prove fraudulent intention or inducement by the appellant and the High Court’s contrary factual findings lacked adequate judicial appreciation of the evidence and were plainly wrong, therefore the High Court judgment setting aside the consent judgment was set aside and the appeal allowed.
28 Mar 2023

1. ) TECH FOOD INGREDIENTS SDN BHD 2. ) A ONE PILING SDN BHD 1. ) BLUE SEAL (M) SDN BHD 2. ) Lye Sam Yut [Notis Pemberhentian Di Kandungan 24] 3. ) Cheah Chee Meng [Notis Pemberhentian Di Kandungan 24] 4. ) Chia Heong Lin [Notis Pemberhenti

Citation

WA-22NCC-17-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-17-01/2021 (Mahkamah Tinggi)

Only A One Piling had contractual privity under the 2nd LOA and proved breach by Blue Seal (admission that PU panels were not Bomba Class 'O' and expert evidence of defective installation); fraud, deceit and conspiracy claims were dismissed as inconsistent with plaintiffs' affirmation of the contract and lacking particularity and direct evidence; adverse inference applied because defendants called no witnesses; A One Piling awarded rectification special damages RM19,498,666.73 and refund of overpaid progress monies RM98,255.8; other claims and Truepro's counterclaim dismissed.
28 Mar 2023

1. ) TECH FOOD INGREDIENTS SDN BHD 2. ) A ONE PILING SDN BHD 1. ) BLUE SEAL (M) SDN BHD 2. ) Lye Sam Yut [Notis Pemberhentian Di Kandungan 24] 3. ) Cheah Chee Meng [Notis Pemberhentian Di Kandungan 24] 4. ) Chia Heong Lin [Notis Pemberhenti

Citation

WA-22NCC-17-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-17-01/2021 (Mahkamah Tinggi)

A One Piling alone had standing to sue under the operative 2nd LOA; Blue Seal admitted supplying non-Class 'O' PU panels and the plant was unusable, constituting breach of the 2nd LOA. Plaintiffs' fraud/deceit claims were dismissed because plaintiffs had affirmed the contract rather than rescinding it and failed to prove pre-contract dishonesty with required particularity. Directors (2nd-5th) and the 6th Defendant were not held personally liable; corporate veil not lifted absent proven fraud. Evidence and expert testimony supported rectification costs and overpayment refund; defendants' elect…
23 Apr 2021

PENDAKWARAYA YAZID MUSTAQIM BIN ROSLAN SHAKUNTALA DEVI A/P KUMAR

Citation

PA 83-129-01/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA 83-129-01/2019 (Mahkamah Majistret)

The court found the prosecution proved beyond reasonable doubt that the accused knowingly made false representations about being able to procure employment, used the reputation of a defunct company to induce reliance, caused the complainant to transfer RM100,000 into accounts controlled by the accused and her sister, and the defence failed to raise a reasonable doubt; accordingly the accused was convicted under s.420 Penal Code and sentenced to imprisonment and fine, and applications for suspension and instalment payment were refused.

Malaysia Case Law

XXXX XXXX

1. ) TECH FOOD INGREDIENTS SDN BHD 2. ) A ONE PILING SDN BHD 1. ) BLUE SEAL (M) SDN BHD 2. ) Lye Sam Yut [Notis Pemberhentian Di Kandungan 24] 3. ) Cheah Chee Meng [Notis Pemberhentian Di Kandungan 24] 4. ) Chia Heong Lin [Notis Pemberhenti

1. ) TECH FOOD INGREDIENTS SDN BHD 2. ) A ONE PILING SDN BHD 1. ) BLUE SEAL (M) SDN BHD 2. ) Lye Sam Yut [Notis Pemberhentian Di Kandungan 24] 3. ) Cheah Chee Meng [Notis Pemberhentian Di Kandungan 24] 4. ) Chia Heong Lin [Notis Pemberhenti

PENDAKWARAYA YAZID MUSTAQIM BIN ROSLAN SHAKUNTALA DEVI A/P KUMAR