Malaysia Case Law: Decisions & Judgments

Topic

Inducement of breach of contract

Legal area

Court

10 Nov 2025

TRESENERGY SDN BHD 1. ) MOHD FAUZI BIN YA'AKOB 2. ) MTC ENGINEERING SDN BHD

Citation

BA-22NCvC-603-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-603-12/2018 (Mahkamah Tinggi)

Defendants failed to discharge the burden to show special circumstances warranting a stay: impecuniosity and fear of bankruptcy do not qualify; no evidence the national interest would be affected; defendants admitted inability to satisfy judgment so cannot show risk of being unable to be reinstated if appeal succeeds; proposed conditional stay cannot be implemented absent fresh sanction/clear authority from Official Receiver/Liquidator. Enclosure 80 therefore dismissed.
7 Feb 2023

1. ) MLGH (Sabah) Sdn Bhd 2. ) The State Government of Sabah Rainbow Bay Sdn Bhd

Citation

S-01(NCvC)(W)-163-04/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(W)-163-04/2019 (Mahkamah Rayuan)

The Court held there was no fundamental breach by MLGH in failing to deliver the 150-acre title; performance of the JVA/SA was legally impossible and therefore frustrated by (i) the rejection of the DEIA Final Report and (ii) the subsequent s9A amendment to the Sabah Land Ordinance prohibiting alienation of the affected land; frustration was not self-induced by the State; the State was not liable for inducement; relief is governed by Civil Law Act s15 and limited to proven expenses/benefits prior to discharge, leading to an award of RM6,355,371.00 to the Developer against MLGH with interest.
11 Jan 2022

1. ) DATO' P.B ASHOK A/L P.B KRISHNAN PILLAI 2. ) FRANCIS JOSEPH O' NEILL 3. ) WONG TUCK CHEONG 4. ) MONISHA ASHOK PILLAI 1. ) AZRIN FAZRINA BINTI JAMRI 2. ) DATO' SWAMINATHAN A/L S. MAHALINGAM

Citation

WA-22NCC-357-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-357-08/2020 (Mahkamah Tinggi)

On the balance of probabilities the court found (a) contemporaneous documents and conduct established a trust/nominee relationship such that the 1st Defendant held the 2,700,000 Cyberlynx shares (1,350,000 transferred + 1,350,000 allotted by capitalization) on resulting and constructive trust for the Plaintiffs; (b) the 1st Defendant breached that trust; (c) the 2nd Defendant knew of the trust, made false assurances (Nathan Agreement), fraudulently misrepresented and induced/assisted the breach and used unlawful means causing loss; (d) alleged regulatory/public policy arguments failed — the t…
28 Jun 2021

BLUE SEAL (M) SDN BHD A ONE PILING SDN BHD & SATU LAGI

Citation

WA-12A-6-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12A-6-01/2021 (Mahkamah Tinggi)

The amended counterclaim sufficiently pleaded material facts and reliefs to give fair notice; deficiencies alleged by the appellant were matters of form or evidence to be tested at trial and did not amount to an abuse of process or an obvious unsustainable claim warranting summary striking out; therefore the appeal is dismissed and the counterclaim remains on the record.

Malaysia Case Law

TRESENERGY SDN BHD 1. ) MOHD FAUZI BIN YA'AKOB 2. ) MTC ENGINEERING SDN BHD

1. ) MLGH (Sabah) Sdn Bhd 2. ) The State Government of Sabah Rainbow Bay Sdn Bhd

1. ) DATO' P.B ASHOK A/L P.B KRISHNAN PILLAI 2. ) FRANCIS JOSEPH O' NEILL 3. ) WONG TUCK CHEONG 4. ) MONISHA ASHOK PILLAI 1. ) AZRIN FAZRINA BINTI JAMRI 2. ) DATO' SWAMINATHAN A/L S. MAHALINGAM

BLUE SEAL (M) SDN BHD A ONE PILING SDN BHD & SATU LAGI