Malaysia Case Law: Decisions & Judgments

Topic

Interest and costs

Legal area

Court

17 Apr 2026

MOHANUARMAN A/L SIVAMOORTHY ZURAINI BINTI AHMAD

Citation

BF-A53KJ-81-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-A53KJ-81-06/2024 (Mahkamah Sesyen)

On the evidence the court found the L1 burst fracture, though serious and surgically treated, involved a single vertebra with no objective neurological deficit and good recovery; Plaintiff failed to mitigate by inconsistent follow-up. Accordingly the claimed sums were excessive and unjustified. The court fixed general damages at RM32,000 for the L1 injury, RM8,000 for the metatarsal fracture and RM7,000 for scarring; the sexual dysfunction claim was dismissed for lack of objective evidence and causation. Special damages were allowed only to the extent strictly proved (travel RM900; basic repo…
10 Apr 2026

1. ) ZULKARNIN BIN HUSSEIN 2. ) YAP CONTRACTOR 1. ) MD RASIDI BIN GAZALI 2. ) NUR AFIKA BINTI AZMAN

Citation

JA-12B-81-11/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-81-11/2025 (Mahkamah Tinggi)

Appellate court set aside awards for future cervical surgery and both past and future loss of earnings because the Sessions Court failed to consider more recent, contradictory expert medical evidence and the plaintiffs failed strict proof for employment and earnings; awards for pre-trial and post-trial care were upheld because comprehensive neuropsychiatric, neurosurgical evidence and GOSE classification supported ongoing care needs; interest on future awards to run from date of Sessions Court judgment.
3 Mar 2026

CHUAH SOO PENG ONG CHIN WEI

Citation

AB-12B-1-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

AB-12B-1-06/2025 (Mahkamah Tinggi)

On the balance of probabilities the appellant proved that the respondent gave assurances, a guarantee/indemnity and promised repayment mechanisms (including clause 4A.1 in MOA 4.2.2020) which induced the RM296,000 loan; given the parties' acquaintance, the statutory declaration, production of the phone, the meeting evidence and corroborating witness testimony, the WhatsApp voice message and MOA evidence were sufficiently authentic to found liability, entitling appellant to principal, interest and costs.
26 Feb 2026

1. ) MUHAMMAD FAIRUZ ISWADI BIN JAFRI 2. ) HARUN BIN ABDUL HAMID 1. ) MUHAMAD SYAFIQ BIN SALLEH 2. ) MUHAMAD SHUKRI BIN SALLEH 3. ) ZANITA BINTI ISMAIL

Citation

TA-B53KJ-26-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53KJ-26-12/2023 (Mahkamah Sesyen)

Court concluded both factual versions had force and could not fully prefer one; therefore both parties contributed: overall defendants 50% liable for Plaintiff One (apportioned D1 25%, D2/D3 25%) and defendants 100% liable for Plaintiff Two (pillion) such that Plaintiff Two recovers 100% of assessed damages; detailed quantum awarded item-by-item based on medical reports, compendium guidance and comparable authorities; costs and interest ordered as specified.
24 Feb 2026

1. ) MOHD TARMIZI BIN MOHAMED NASIR 2. ) XXXX 1. ) NUR FATIHAH BINTI BAHARUDIN 2. ) AMINAH BINTI KHAMIS

Citation

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)

Defendants' appeal dismissed. Court held Defendants 100% liable because Defendant 1 admitted turning right into Plaintiffs' lane and misjudged clearance; Plaintiffs were riding lawfully and in their lane; late MRI evidence did not break causation because contemporaneous clinical notes, specialist examinations and expert evidence linked ongoing neck pathology to the accident; some claims reduced or rejected for failure to mitigate or lack of evidential support. Quantum awarded as itemised and costs and statutory interest granted as ordered.
28 Jan 2026

PAC LEASE BERHAD 1. ) PARAGRENE LAND BERHAD (DAHULUNYA DIKENALI SEBAGAI PARAGRENE LAND SDN. BHD.) 2. ) WAN NASIR BIN WAN MUSTAFHA 3. ) WAN NOR HAYATI BINTI WAN MUSTAFHA 4. ) GREGORY AMOS YOON PENG SUM

Citation

WA-22NCC-366-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-366-06/2025 (Mahkamah Tinggi)

Defendants failed to raise any bona fide triable issues or to rebut the plaintiff's contemporaneous documentary evidence and statement of account; the guarantee's certificate of indebtedness clause renders the account conclusive absent manifest error or fraud; therefore summary judgment was warranted and entered for the plaintiff against the defendants.
27 Jan 2026

MOHD NASRI BIN HANIF 1. ) MOHAMAD ADAM BIN HASHIM 2. ) HASHIM BIN SAIYA

Citation

BL-A53KJ-466-11/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A53KJ-466-11/2024 (Mahkamah Sesyen)

On the balance of probabilities the Plaintiff's consistent pleaded, oral and contemporaneous evidence was more inherently probable; the First Defendant was negligent in encroaching into the Plaintiff's lane causing the collision; the Plaintiff was not contributorily negligent; damages were assessed per specific heads and awarded in full against the Defendants with interest and costs to follow.
22 Jan 2026

MCS Mega Group Sdn Bhd Golden Global Trading & Healthcare Sdn Bhd

Citation

BA-22NCC-117-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-117-09/2022 (Mahkamah Tinggi)

The Defendant proved payment of a deposit for three containers and non-delivery; the Defendant did not cancel the order; the Proforma Invoice clauses relied on by the Plaintiff do not clearly authorize forfeiture of the deposit; there was total failure of consideration; therefore the Defendant is entitled to restitution of RM1,728,000 with interest and costs.
14 Jan 2026

1. ) MUHAMMAD NUR SYARIMAN BIN MOHD RIDUAN 2. ) RIZZ IVAN MIKHAIL BIN MOHD RASHID seorang budak mendakwa melalui wakil litigasi (bapa) MOHD RASHID BIN JOHARI 1. ) SITI AISYAH HUMAIRA BINTI SYAHRUL APANDI 2. ) ABD RASHID BIN MYDIN

Citation

KE-A73KJ-87-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KE-A73KJ-87-12/2023 (Mahkamah Majistret)

On the balance of probabilities the first defendant was primarily negligent for failing to give right of way when turning in breach of Rule 3(2)(b); liability apportioned 80% to first defendant (with second defendant vicariously liable as owner) and 20% contributory negligence to plaintiff first; the passenger (infant) is innocent and entitled to full recovery; future surgery was not sufficiently certain to be awarded as special damages but its likelihood was taken into account in general damages; damages and interest awarded accordingly.
13 Nov 2025

LITA NASYITAH GOH BINTI ABDULLAH 1. ) ROSLAN BIN A. GHAFFAR 2. ) BIMBINGAN GALAKAN SDN BHD

Citation

WA-22NCvC-278-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-278-05/2018 (Mahkamah Tinggi)

The court accepted the March 2016 GUH Holdings Berhad arm's length transaction (1,166,667 shares for RM11,000,000) as the appropriate market benchmark, derived a per share value of RM9.43 and assessed the 50,000 shares at RM471,500; the 1st Defendant breached the trust and is liable to pay equitable compensation (general damages) for failure to restore the trust property; the court awarded RM1,000,000 as general damages, interest at 5% p.a. from 26 January 2021 and costs RM20,000.