Malaysia Case Law: Decisions & Judgments

Topic

Liquidated damages clause

Legal area

Court

11 Jan 2023

TAR PH FAMILY ENTERTAINMENT SDN BHD JANA DCS SDN BHD

Citation

WA-24NCC(ARB)-19-03/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-19-03/2022 (Mahkamah Tinggi)

The court dismissed the setting aside applications because the TAR Companies failed to meet the high statutory threshold under s37 AA: the contested findings were within the pleaded issues and the scope of submission, the Arbitrator adequately considered evidence and law, and there was no breach of natural justice or public policy; the enforcement applications were allowed because formal requirements under s38 AA were met and no valid ground under s39 AA to refuse recognition existed.
28 Jun 2021

LIM CHONG YEAN (NRIC No.: 620327-10-6227) 1. KOPERASI PEGAWAI HUTAN MELAYU (Registration No.: 3593) 2. KHONG YOKE BEE (NRIC No.: 770315-14-5708)

Citation

22NCvC-583-10/2013 (Mahkamah Tinggi)
Court

High Court
Case number

22NCvC-583-10/2013 (Mahkamah Tinggi)

Court held the date of breach was 10.7.2007 (failure to respond to authority's request and cumulative derelictions), not the 28.7.2016 appeal date. Lacking a valuation for 10.7.2007 the court approximated market value by interpolation from SPA 2006 and SPA 2012, determined market value at that date as RM780,000, deducted plaintiff's unjust enrichment from subletting (RM200,800), and equally divided net profit attributable to the transaction between parties because plaintiff had not paid the balance purchase price; resulting in an award to plaintiff of RM289,600 plus 5% p.a. interest and an or…
4 Mar 2021

ANANDARAJ A/L S. THAVARAJ MISC BERHAD

Citation

WA-11ANCVC-60-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCVC-60-08/2020 (Mahkamah Tinggi)

Cause of action accrued upon the employer's demand under the express on‑demand clause (clause 5.2), so the action commenced within the six‑year limitation period; D1 breached the Cadetship Agreement by resigning and abandoning the Training Course, making D1 liable and D2/D3 jointly and severally liable as sureties for the stipulated RM70,000 compensation; the compensation clause is enforceable absent cogent evidence of unreasonableness; no triable issue existed and summary judgment was properly entered, so the appeals were dismissed.

Malaysia Case Law

TAR PH FAMILY ENTERTAINMENT SDN BHD JANA DCS SDN BHD

LIM CHONG YEAN (NRIC No.: 620327-10-6227) 1. KOPERASI PEGAWAI HUTAN MELAYU (Registration No.: 3593) 2. KHONG YOKE BEE (NRIC No.: 770315-14-5708)

ANANDARAJ A/L S. THAVARAJ MISC BERHAD