Malaysia Case Law: Decisions & Judgments

Topic

Limitation/delay

Legal area

Court

17 Apr 2023

EWE SAW LEE DATO' SRI ANDREW KAM TAI YEOW

Citation

WA-22NCvC-257-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-257-05/2020 (Mahkamah Tinggi)

The application to appoint an additional party expert was dismissed because the parties had entered a binding Consent Order appointing a court expert, the plaintiff failed to act within the procedural avenues available (notably to apply to cross-examine the court expert within 14 days) and O.40A does not permit circumvention of a court-appointed expert or unlimited party experts; the unexplained delay and prejudice warranted dismissal with costs.
27 Apr 2021

PENG CHOONG LENG (NO. K/P. : 671012-01-6155) KUA BOON HAUN (NO. K/P. : 640930-06-5467)

Citation

ba-23ncvc-30-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

ba-23ncvc-30-09/2018 (Mahkamah Tinggi)

Because the Plaintiff did not file a personal affidavit to rebut the Defendant's detailed affidavit which identified third‑party authors and alleged deliberate concealment by the Plaintiff, the Plaintiff is treated as having admitted those material averments; consequently no reasonable cause of action remained and the writ and statement of claim were plainly unsustainable and an abuse of process and were therefore struck out.
4 Nov 2020

YONG THIEN WIEO (NRIC No. 731004-04-5169) ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD (Company No. 735426-V) PIHAK KETIGA 1. SUPREME POWER AUTO SDN BHD (Company No. 669443-U) 2. LIM CHAW TENG (NRIC No. 520818-04-5205) 3. LIM TECK BO

Citation

WA-22NCC-541-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-541-11/2018 (Mahkamah Tinggi)

There was no legal nexus to support the Defendant's claims against the Third Parties: no contractual, statutory or implied indemnity was pleaded or established; contribution under s10(1)(c) Civil Law Act 1956 only applies among tortfeasors and the Defendant is not a tortfeasor; subrogation rights do not vest independently in the Defendant absent acceptance of the insured's claim; the Third Party Notice was issued after an inordinate delay rendering it unsustainable. Therefore the Third Party Notice (Enclosure 61) must be set aside.
16 Apr 2020

Lee Swee Lee Voon Mei Lan

Citation

WA-24NCVC-1807-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1807-08/2019 (Mahkamah Tinggi)

The trust deed and purchase agreement are clear and contemporaneous, establishing the defendant as trustee and the plaintiff as beneficial owner; the plaintiff's short delay in seeking performance was excused because the defendant did not notify or act to enforce the forfeiture clause, and the court may grant relief and order the trustee to execute transfer or issue necessary directions under Trustees Act ss 59 and 60; therefore the plaintiff's claims succeed.

Malaysia Case Law

EWE SAW LEE DATO' SRI ANDREW KAM TAI YEOW

PENG CHOONG LENG (NO. K/P. : 671012-01-6155) KUA BOON HAUN (NO. K/P. : 640930-06-5467)

YONG THIEN WIEO (NRIC No. 731004-04-5169) ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD (Company No. 735426-V) PIHAK KETIGA 1. SUPREME POWER AUTO SDN BHD (Company No. 669443-U) 2. LIM CHAW TENG (NRIC No. 520818-04-5205) 3. LIM TECK BO

Lee Swee Lee Voon Mei Lan