Malaysia Case Law: Decisions & Judgments

Topic

Memorandum of understanding

Legal area

Court

27 Feb 2024

ASIA CAPITAL COMMODITIES TRADE SDN BHD WORLDPORT CORPORATION LIMITED, HONG KONG

Citation

WA-27NCC-131-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-131-12/2020 (Mahkamah Tinggi)

On the evidence the LOA was ancillary to the MOU and the Plaintiff was the joint venture entity/alter ego of Mr Cheah expressly allocated responsibility for all operational and maintenance expenses under the MOU; therefore the Plaintiff cannot maintain an independent claim for RM8,130,181.34 against the Defendant and the claim is dismissed.
12 Aug 2022

VIJAYAN A/L S. CHINNASAMI 1. ) ADVANCED OPTRONICS DEVICES (ASIA) CO. LIMITED 2. ) LU, BRIAN LONG 3. ) GENTRY LOH GUO XIONG 4. ) MESSRS FRANK CH'NG 5. ) YUNG SIEW PENG 6. ) CHAY YIN HO 7. ) MOHD HAZMIL BIN ABU BAKAR 8. ) ADVANCED OPTRONIC DE

Citation

WA-22NCC-146-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-146-03/2020 (Mahkamah Tinggi)

The MOU was not a binding contract because it expressly provided it was 'subject to contract' and the parties intended no binding agreement until a formal contract was executed; the SSA was never accepted or signed by AODA and there was no conduct amounting to election to be bound; the shares were transferred pursuant to a separate settlement arrangement (NEC Settlement) and related resignations and appointments, not under the MOU/SSA; the solicitor acted for AODA only and owed no actionable duties to the plaintiff; accordingly all claims by the plaintiff and the counterclaim were dismissed.
27 Jun 2022

1. ) SUTHAHAR A/L SELVARAJ 2. ) HANURATHA A/P THAMIL SELVAN KASTURY A/P ANAGAPAN

Citation

NA-A52NCvC-57-10/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A52NCvC-57-10/2021 (Mahkamah Sesyen)

Service to defendant was proved by A.R. registered post and tracking; default judgment entered 06/12/2021 was regular; defendant failed to file any draft defence or affidavit demonstrating a prima facie meritorious defence and failed to file the application within the 30-day period or to seek an extension of time; accordingly the application to set aside the default judgment is dismissed and costs are awarded to plaintiffs.
3 Jan 2020

1. BTS TOOLS (THAILAND) CO. LTD (Registration No.:0105546076126) 2. BTS TOOLS MANUFACTURING (THAILAND) CO. LTD (Registration No.: 0135550031697) MALAYSIA DEBT VENTURES BERHAD (Registration No.: 578113-A)

Citation

WA-22NCC-404-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-404-09/2018 (Mahkamah Tinggi)

On the evidence, including contemporaneous documents, the Defendant did not unlawfully interfere with AXA Insurance’s processing or payment of the claim: the RAI Letter was a lawful assertion of the Defendant's rights as beneficiary/owner; AXA acted independently in requiring joint acceptance and documentation; there is no evidential link that the Defendant's insistence on a Refloatation Agreement or failure to open a joint account caused AXA to stop or delay payment; Plaintiffs failed to prove on the balance of probabilities that Defendant prevented or delayed payment, therefore the claim is…

Malaysia Case Law

ASIA CAPITAL COMMODITIES TRADE SDN BHD WORLDPORT CORPORATION LIMITED, HONG KONG

VIJAYAN A/L S. CHINNASAMI 1. ) ADVANCED OPTRONICS DEVICES (ASIA) CO. LIMITED 2. ) LU, BRIAN LONG 3. ) GENTRY LOH GUO XIONG 4. ) MESSRS FRANK CH'NG 5. ) YUNG SIEW PENG 6. ) CHAY YIN HO 7. ) MOHD HAZMIL BIN ABU BAKAR 8. ) ADVANCED OPTRONIC DE

1. ) SUTHAHAR A/L SELVARAJ 2. ) HANURATHA A/P THAMIL SELVAN KASTURY A/P ANAGAPAN

1. BTS TOOLS (THAILAND) CO. LTD (Registration No.:0105546076126) 2. BTS TOOLS MANUFACTURING (THAILAND) CO. LTD (Registration No.: 0135550031697) MALAYSIA DEBT VENTURES BERHAD (Registration No.: 578113-A)