Malaysia Case Law: Decisions & Judgments

Topic

Jurisdictional threshold

Legal area

Court

25 Feb 2025

Mohamad Haikal bin Asman GOLDEN ENVOY (M) SDN BHD

Citation

JH-A54-7-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JH-A54-7-08/2024 (Mahkamah Sesyen)

Because the court found substantial disputes of fact (including the period and calculation of delay, the correct start and end dates for delivery, applicability of statutory exemptions and the need for witness evidence), the proceedings were improperly commenced by originating summons; therefore the originating summons (application at Annex 1) was dismissed and not allowed, with no order as to costs.
20 Oct 2021

1. LYSAGHT CORRUGATED PIPE SDN BHD (No. Syarikat: 197201001314 (12941-P)) 2. LYSAGHT GALVANIZED STEEL BERHAD (No. Syarikat: 197901002195 (46426-P)) 1. POPEYE RESOURCES SDN BHD (No. Syarikat: 1274750-T) 2. MACSTEEL INTERNATIONAL FAR EAST LIM

Citation

WA-22NCC-109-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-109-03/2021 (Mahkamah Tinggi)

The court applied the full merits test: before granting a s.10 stay the court must be satisfied that a concluded arbitration agreement exists; on the available evidence (including forgery allegations and lack of original signed contracts) there was insufficient evidence of a valid arbitration agreement, therefore the s.10 stay (Enclosure 44) was dismissed and the Plaintiffs' anti-arbitration injunction applications (Enclosures 15 and 28) were allowed; the matter was directed to trial to determine the disputed issues of forgery and contract existence.
26 Nov 2020

UE E&C SANJIA (M) SDN. BHD. [NO.SYARIKAT:1023369-T ] SUBRAMANIAM A/L M. VELOO [ NO.K/P: 550619105655 ]

Citation

JA-A72NCVC-1214-11/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCVC-1214-11/2019 (Mahkamah Majistret)

Application to amend was dismissed and supporting affidavits struck out because defendant failed to regularize defectively sworn affidavits, the proposed amendments were mala fide/afterthoughts that introduced new facts and claims changing the character of the defence, caused prejudice to plaintiff that could not be compensated by costs, and were filed with unjustified delay after pleadings closed and trial preparation completed.

Malaysia Case Law

Mohamad Haikal bin Asman GOLDEN ENVOY (M) SDN BHD

1. LYSAGHT CORRUGATED PIPE SDN BHD (No. Syarikat: 197201001314 (12941-P)) 2. LYSAGHT GALVANIZED STEEL BERHAD (No. Syarikat: 197901002195 (46426-P)) 1. POPEYE RESOURCES SDN BHD (No. Syarikat: 1274750-T) 2. MACSTEEL INTERNATIONAL FAR EAST LIM

UE E&C SANJIA (M) SDN. BHD. [NO.SYARIKAT:1023369-T ] SUBRAMANIAM A/L M. VELOO [ NO.K/P: 550619105655 ]