Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

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  • 7 May 2025

    HOSNA REALTY SDN. BHD. ADAP 4ORTY GLOBAL SDN. BHD.

    Citation
    KA-22NCvC-24-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-22NCvC-24-03/2021 (Mahkamah Tinggi)

    The contract was not illegal on its face; performance became impossible due to inability to obtain or transfer required quarry and explosives licences through no fault of either party; the contract was thereby frustrated under section 57(2) and both parties were discharged from further obligations, so both claim and counterclaim are dismissed.

  • 23 Jul 2024

    EU HOLIDAYS PTE. LTD. FLEXIROAM SDN. BHD.

    Citation
    BA-12BNCvC-51-11/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12BNCvC-51-11/2023 (Mahkamah Tinggi)

    The High Court upheld the Session Court: contractual construction, read in commercial context, placed responsibility for obtaining required registrations and licences on the distributor (Appellant); Respondent had no opportunity to assist because Appellant never sought help and did not call material witnesses; the agreements were not frustrated or rendered illegal such that refund was due; there was no misdirection in the trial judge's application of foreign law or evaluation of evidence, therefore the appeal is dismissed and the lower court decision affirmed.