Malaysia Case Law: Decisions & Judgments

Topic

Lease renewal

Legal area

Court

22 Jan 2025

AMPANG HOTEL SDN BHD. HAVANA CLUB CONCEPT (M) SDN BHD

Citation

WA-B52NCvC-444-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-444-10/2023 (Mahkamah Sesyen)

The plaintiff established a prima facie case by documentary evidence and correspondence showing arrears; the defendant's responses were general denials without documentary support and thus did not raise any triable issue. Accordingly, summary judgment is appropriate and the plaintiff is entitled to the claimed sum together with contractual interest and costs.
28 Oct 2024

6IXTY 8IGHT CREATIVE FASHIONS SDN BHD TROPICANA INDAH SDN BHD

Citation

BB-A52NCvC-99-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-A52NCvC-99-05/2023 (Mahkamah Sesyen)

Plaintiff failed to comply with the clear contractual requirement of clause 20(1) to give a written request at least six months before expiry; informal WhatsApp messages and assurances were insufficient and not accepted by Defendant; no signed renewal notice was returned; the tenancy therefore expired by effluxion of time on 4/3/2023 and Plaintiff held over without Defendant's consent after 30/4/2023; Defendant lawfully elected remedies including double rent under s.28(4)(a) and clause 6, so Plaintiff's claim for specific performance and related relief is dismissed and Defendant's counterclai…
9 Nov 2023

Era Usahasama Sdn Bhd Perbadanan Kemajuan Ekonomi Negeri Johor PENCELAH Mohd Nordin Bin Jamaludin

Citation

JA-22NCvC-99-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-99-06/2022 (Mahkamah Tinggi)

There was a bona fide serious issue regarding lease commencement and renewal, but the Plaintiff failed the balance of convenience and adequacy of damages tests: no evidence of agreed consideration for renewal, Plaintiff did not provide material about its ability to give an undertaking as to damages, and a new 30-year lease to a third party existed making injunction prejudicial and damages an adequate remedy; therefore the interim injunction application was dismissed and the earlier ad interim injunction discharged with costs awarded.
8 Nov 2021

1. ) TAN YOKE KEONG 2. ) TAN YOKE KWEE 3. ) TAN KIM LIAN PHILIP LIAU SOO FOCK

Citation

B-01(NCvC)(A)-19-01/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

B-01(NCvC)(A)-19-01/2021 (Mahkamah Rayuan)

The Court allowed the appeals and set aside the High Court decision: the 2014 Court of Appeal order did not confer a proprietary 1/2 share on the Plaintiff; the State (5th Defendant) retained power to revoke the renewal approval because alienation is effective only on registration under s78(3) NLC; the 1st–3rd Defendants' sale to the 4th Defendant is valid; and the Plaintiff lacked locus standi to commence the Originating Summons as beneficiary without Letters of Administration and without special circumstances to justify proceeding.
16 Jul 2021

YKK (Malaysia) Sdn Bhd Pengarah Tanah dan Galian Johor

Citation

01(f)-23-08/2019(J) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-23-08/2019(J) (Mahkamah Persekutuan)

Clause 7, contained in a statutory qualified lease, does not create a private law contractual right binding the State Authority to an automatic 30-year renewal; renewal of state leases is governed by the National Land Code (notably s78(3) and s90A) and remains a statutory discretion subject to registration and administrative steps. The claim required public law remedy (judicial review) and specific performance against the State is barred; accordingly the originating summons was unsustainable and the appeal is dismissed.
15 Dec 2020

GCH RETAIL (MALAYSIA) SDN. BHD. (NO. SYARIKAT : 667035-P) PACIFIC TRUSTEES BERHAD (NO. SYARIKAT : 317001-A)

Citation

WA-24NCVC-1804-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1804-10/2020 (Mahkamah Tinggi)

The court found that serious issues requiring trial were disclosed, that the balance of convenience favoured maintaining the status quo because plaintiff would suffer substantial commercial and reputational prejudice if ejected, damages would not be an adequate remedy, and plaintiff gave undertakings to continue paying rent and to provide an undertaking as to damages; accordingly an interim injunction restraining the defendant from acting on the termination notice was granted.
28 Aug 2018

RIDERS LODGE SDN BHD 1. TROPIK SENTOSA SDN BHD 2. KEBUN SEDENAK SDN BHD

Citation

JA-22NCVC-129-08/2015 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-129-08/2015 (Mahkamah Tinggi)

Court found plaintiff validly exercised the renewal option under Clause 4.1(m), defendants waived/are estopped from denying renewal by accepting rent and gross revenue sharing and by failing to raise timely objections; specific performance ordered to renew the lease for a further 5 years from 21.5.2014 (and continuation to 2034 pursuant to lease terms); the loan was an unsecured, interest-free advance with no fixed repayment term and therefore not immediately repayable on demand; defendants’ counterclaim dismissed and plaintiff’s caveat held valid.

Malaysia Case Law

AMPANG HOTEL SDN BHD. HAVANA CLUB CONCEPT (M) SDN BHD

6IXTY 8IGHT CREATIVE FASHIONS SDN BHD TROPICANA INDAH SDN BHD

Era Usahasama Sdn Bhd Perbadanan Kemajuan Ekonomi Negeri Johor PENCELAH Mohd Nordin Bin Jamaludin

1. ) TAN YOKE KEONG 2. ) TAN YOKE KWEE 3. ) TAN KIM LIAN PHILIP LIAU SOO FOCK

YKK (Malaysia) Sdn Bhd Pengarah Tanah dan Galian Johor

GCH RETAIL (MALAYSIA) SDN. BHD. (NO. SYARIKAT : 667035-P) PACIFIC TRUSTEES BERHAD (NO. SYARIKAT : 317001-A)

RIDERS LODGE SDN BHD 1. TROPIK SENTOSA SDN BHD 2. KEBUN SEDENAK SDN BHD