Malaysia Case Law: Decisions & Judgments

Topic

Mediation

Legal area

Court

7 Aug 2025

KARUNAKARAN A/L CHATU 1. ) PUVENENTHIRAN A/L GUNNASEKARAN 2. ) AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM 3. ) TAN SRI DATO' SRI (DR) MOHAMAD NORZA ZAKARIA

Citation

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)

The court held that the dispute over TNS's membership with TM falls within the mediation/arbitration framework in TM's Article 26.1 and OCM's Article 22; OCM has power under its constitution to mediate such disputes. TM breached procedural fairness by failing to communicate its Council decision and reasons, and its inconsistent conduct precluded resisting mediation. The 1st Defendant's convening of the 17.11.2024 EGM was unconstitutional under TNS Constitution. Accordingly the court ordered OCM (with TM) to proceed to mediation via an independent mediator appointed by KLRCA/AIAC within 30 day…
7 Aug 2025

KARUNAKARAN A/L CHATU 1. ) PUVENENTHIRAN A/L GUNNASEKARAN 2. ) AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM 3. ) TAN SRI DATO' SRI (DR) MOHAMAD NORZA ZAKARIA

Citation

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)

The court held that the dispute over TNS's membership is governed by the internal dispute resolution clauses in the TM and OCM constitutions and the Sports Development Act and therefore OCM must be compelled to mediate the dispute through an independent mediator (KLRCA/AIAC); TM's failure to communicate the Council decision breached natural justice; the 1st Defendant's unilateral EGM was unconstitutional under TNS rules; given these findings reliefs sought in the originating summons relating to mediation and invalidation of the EGM were granted with costs.
13 Mar 2025

PEMPETISYEN AMBANK (M) BERHAD EG ISMAA DYNAMIC SDN. BHD.

Citation

CB-28NCC-13-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-28NCC-13-09/2023 (Mahkamah Tinggi)

Although the respondent's affidavit was defective for lacking the date of swearing and no leave was sought to use it, the court examined the merits and found respondent failed to prove the alleged cheque payments; procedural requirements for winding-up were satisfied and there was demonstrable inability to pay; therefore the winding-up petition is allowed and costs awarded to the petitioner.
14 Nov 2024

PEMPETISYEN GAN CHIN CHIN TEOH YAN WENG

Citation

BA-33-232-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-232-03/2024 (Mahkamah Tinggi)

The consent order was reached freely after mediation and recorded in open court; a consent order constitutes a binding contract and estoppel between the parties and, pursuant to Section 68(1)(b) CJA 1964 and established authorities, is not amenable to appeal. Therefore the Notice of Appeal challenging the consent order is barred and there is no basis to entertain the appeal.
19 Feb 2024

H E K I N G

Citation

WA-24F-113-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-113-04/2023 (Mahkamah Tinggi)

Joint guardianship was awarded but custody, care and control were granted to the Respondent because the children had continuously resided with him and removal would disrupt their welfare; the presumption under s88(3) was rebutted on balance of probabilities by the established facts of primary caregiving and stability; Applicant was granted liberal access, minimal spousal maintenance (MYR250 monthly) based on means and needs, shared responsibility for children's expenses and half of the proven mobile bill (MYR1,500).
29 Aug 2023

MALAYSIA AIRPORTS SDN. BHD. MY JET XPRESS AIRLINES SDN BHD.

Citation

BA-22NCvC-146-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-146-04/2023 (Mahkamah Tinggi)

Part XI of Act 771 creates a comprehensive statutory dispute resolution mechanism requiring disputes between providers of aviation services to be resolved first by mediation and, if unresolved, decided by the Malaysian Aviation Commission; because the plaintiff had not pursued that statutory scheme the action was premature and constituted an abuse of court process and therefore the claim was properly struck out under Order 18 r.19.
21 Feb 2022

MISSION GAME SDN BHD (NO. SYARIKAT : 1123962-K) SPECIAL CORAL SDN BHD. (NO. SYARIKAT : 911874-U)

Citation

PA-12ANCVC-56-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCVC-56-08/2021 (Mahkamah Tinggi)

The High Court held the lease was valid; Section 10 of the Covid Act 2020 saved legal proceedings commenced between 18.3.2020 and gazettement (23.10.2020) so Section 7 did not bar the respondent's claim commenced on 2.10.2020; mediation under Section 9 is not mandatory; no force majeure clause existed; consequently no triable issue justified overturning the Sessions Court summary judgment.
4 Oct 2021

1. ) GOGUNG FUSION RESTAURANT (KLCC) SDN BHD (COMPANY NO: 968520-P) 2. ) HWANG IL ROK (NRIC NO: 530228-89-5049) 3. ) KIM CHUN AIL (NRIC NO: 531010-89-5016) SURIA KLCC SDN BHD [REGISTRATION NO: 199001017281 (208950-T)]

Citation

WA-12ANCvC-116-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-116-04/2021 (Mahkamah Tinggi)

Appeal dismissed: summary judgment was proper because Respondent commenced proceedings before the COVID-19 Act came into effect and section 10 preserved those proceedings; Appellants failed to demonstrate any bona fide triable defence (no force majeure clause, no estoppel, security deposit properly available under lease, guarantees enforceable, mediation not mandatory, and no breach of quiet enjoyment), therefore there were no real issues requiring trial.
31 Mar 2021

MOSSET PREMIER SDN BHD 1. ) UNCLE Y FOOD AND BEVERAGE SDN BHD 2. ) CHENG LIK CHYE

Citation

B52NCVC-284-10-2020 Encl 17. (Mahkamah Sesyen)
Court

Sessions Court
Case number

B52NCVC-284-10-2020 Encl 17. (Mahkamah Sesyen)

Facts establishing the lease, non-payment from March–August 2020 and plaintiff's termination were undisputed; the Covid-19 Act did not apply to bar enforcement; mediation did not bar proceedings; therefore there were no triable issues and summary judgment was allowed for RM105,600 with 5% p.a. interest from date of filing, double rent until delivery of vacant possession, return of vacant possession and costs fixed at RM3,000 jointly against the defendants.
16 Mar 2021

MOSSET PREMIER SDN BHD UNCLE Y FOOD AND BEVERAGE SDN BHD CHENG LIK CHYE

Citation

BA-B52NCvC-284-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCvC-284-10/2020 (Mahkamah Sesyen)

The strike‑out application was dismissed because the pleadings disclose an arguable cause of action and are not plain and obvious; the defendants' reliance on the COVID‑19 Act fails because defaults began before government restrictions and mediation under Section 9 is permissive and does not bar court action; guarantor liability stands. Costs awarded to plaintiff RM3,000.