Malaysia Case Law: Decisions & Judgments

Topic

Interest on judgments

Legal area

Court

14 Jul 2025

BANGAJA RENGAN 1. ) LIM KAR CHUN 2. ) LIM SHYI YEE

Citation

BA-A53KJ-461-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A53KJ-461-12/2021 (Mahkamah Sesyen)

On the balance of probabilities the defendant\u2019s version was inherently more probable, physical damage and photographs supported that the plaintiff\u2019s motorcycle cut across and lay transversely in front of the defendant\u2019s car; the plaintiff was found 90% contributorily negligent and the defendants jointly 10% liable; general damages of RM187,000 and special damages of RM2,880 awarded (as assessed on 100% liability) while multiple claimed special items were disallowed for failure to be pleaded or proved; interest and costs awarded as specified.
21 Oct 2024

MARLIS SERVICES SDN. BHD. KUMPULAN HARTANAH KOPAMA BERHAD

Citation

WA-22NCvC-57-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-57-02/2023 (Mahkamah Tinggi)

The court concluded P2 is a sale and purchase agreement (not a lease) with instalment payment provisions; P4 validly amended payment terms; Defendant admitted non‑compliance and breached P2/P4 by failing to make required payments, therefore Plaintiff proved entitlement to recover outstanding instalments and related sums on the balance of probabilities; subletting to a third party without the owner's consent was unauthorised and void; claim for property damage was not proven and dismissed.
24 Jan 2024

URS ELLER CHEONG KIAT WAH

Citation

WA-24NCvC-4294-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-4294-09/2023 (Mahkamah Tinggi)

The Singapore judgments satisfied statutory and procedural requirements under the Reciprocal Enforcement of Judgments Act 1958 and Rules of Court Order 67; the certified documents and particulars were in order, the published Bank Negara exchange rate nearest to the judgment date could be applied (court accepted 5.5.2022 for the SGD18,344 item), and there was no proper basis to refuse registration or admit late affidavit; registration was therefore granted with specified sums, interest and costs, and with the statutory 14-day window for the defendant to apply to set aside.
25 Aug 2023

DEVARAJAN A/L KUNASEKARAN 1. ) LEON NGIM CHONG 2. ) TEE SOK KHIM

Citation

BK-A53KJ-74-03/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-A53KJ-74-03/2021 (Mahkamah Sesyen)

Plaintiff established liability and proved injuries on balance of probabilities but failed to justify private future treatment costs and loss of future earnings; awarded general damages (RM149,000 reduced by 10% overlapping = RM134,100), special damages RM26,264, costs for documents RM2,692.80, with prescribed interest rates; future private treatment awards reduced (one‑third practice) or nominal where justification lacking.
2 Jul 2019

GOODWOOD HOTEL SDN BHD 1. QTC TRANSFORMERS MARKETING SDN BHD 2. ECOTRAFO MALAYSIA SDN BHD

Citation

JA12B-NCVC-28-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA12B-NCVC-28-09/2018 (Mahkamah Tinggi)

The installer (first respondent) was liable for the transformer breakdowns because the contractual installation obligation included a complete earthing system which was not properly installed; respondents' conduct and offers of repair/warranty evidenced liability; cross-appeal notice irregularity was curable; remedy awarded: appellant entitled to RM218,890 with 5% p.a. interest, RM50,000 general damages, storage costs at RM400/month (subject to contributory negligence discount), and respondents awarded RM50,000 for use of replacement transformers.

Malaysia Case Law

BANGAJA RENGAN 1. ) LIM KAR CHUN 2. ) LIM SHYI YEE

MARLIS SERVICES SDN. BHD. KUMPULAN HARTANAH KOPAMA BERHAD

URS ELLER CHEONG KIAT WAH

DEVARAJAN A/L KUNASEKARAN 1. ) LEON NGIM CHONG 2. ) TEE SOK KHIM

GOODWOOD HOTEL SDN BHD 1. QTC TRANSFORMERS MARKETING SDN BHD 2. ECOTRAFO MALAYSIA SDN BHD