Malaysia Case Law: Decisions & Judgments

Topic

Misfeasance in public office

Legal area

Court

29 Jan 2026

Azio e-Pay Service Malaysia Sdn Bhd Pejabat Pendaftar Agensi Pelaporan Kredit

Citation

WA-21NCvC-22-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-22-03/2024 (Mahkamah Tinggi)

The SoC was struck out because the named defendant (the Office) lacked legal personality required to sustain a misfeasance claim which requires a public officer, and because the action was filed outside the mandatory 36‑month limitation under Section 2(a) PAPA; the proposed amendment to substitute the Registrar was dismissed as an ungenuine, substantive change of litigant at a late stage and an abuse of process.
29 Jan 2026

Azio e-Pay Service Malaysia Sdn Bhd Pejabat Pendaftar Agensi Pelaporan Kredit

Citation

WA-21NCvC-22-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-22-03/2024 (Mahkamah Tinggi)

The Statement of Claim was struck out because it was brought against a non-legal entity (an administrative 'Pejabat' lacking capacity to be sued) and the cause of action was statute-barred under Section 2(a) PAPA (accrual and actual knowledge by 3.3.2021), making the claim obviously unsustainable; the application to amend the intitulement was dismissed as not bona fide because it sought a substantive change of the litigant identity at a late, reactive stage and would amount to an abuse of process.
26 Jan 2026

1. ) MOHAMAD SUKRI BIN HAT 2. ) KOPERAL JANNATUL NAIM BIN ABDUL MANAB 3. ) KONSTABEL DERISON BIN PINGOT 4. ) FADLY ADZWARDY BIN TAHIR 5. ) RAMILAH BINTI SUPERMAN 6. ) INSP MOHAMAD ADAM DANIYAL @ MOHANDASS BIN ABDULLAH 7. ) ASP WINSTON ANAK

Citation

P-01(NCvC)(W)-566-09/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

P-01(NCvC)(W)-566-09/2024 (Mahkamah Rayuan)

The Court of Appeal affirmed that statutory obligations in the Police Act, Lockup Rules and Perintah Tetap impose a duty to ensure detainee safety irrespective of prior knowledge of suicidal tendencies; breaches (failure to conduct prompt medical examination, failure to maintain and monitor CCTV/live feed, failure to conduct patrols and withholding CCTV evidence) caused and enabled the suicide, establishing negligence and causation against the 1st–6th officers and vicarious liability of the Government; misfeasance was not proven for bad faith; aggravated damages were not warranted and set asi…
13 Jan 2026

Mohammad Najib Bin Tun Haji Abdul Razak Thomas Thomas @ Mohan a/l K. Thomas

Citation

W-01(IM)(NCvC)-907-12/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-01(IM)(NCvC)-907-12/2022 (Mahkamah Rayuan)

Appeal dismissed: no breach of the second rule of natural justice; AG/PP and DPPs do not owe a duty of care in negligence regarding prosecutorial discretion because those powers are exercisable in the public interest and public policy negates such a duty; civil claims grounded on malicious prosecution or misfeasance in public office arising from prosecutions require final termination of criminal proceedings in the claimant’s favour and the appellant had not been finally acquitted when suit was filed; courts should not recognise a tort of malicious process against AG/PP and DPPs in respect of…
13 Jan 2026

Mohammad Najib Bin Tun Haji Abdul Razak Thomas Thomas @ Mohan a/l K. Thomas

Citation

W-01(IM)(NCvC)-907-12/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-01(IM)(NCvC)-907-12/2022 (Mahkamah Rayuan)

The Attorney General is not immune as a matter of law from civil actions for abuse of prosecutorial power, but on the pleaded facts the appellant's claims fail: the misfeasance plea was premature while prosecutions were pending and lacked particulars of bad faith; the malicious process plea was inapposite to criminal prosecutions capable of terminating in the appellant's favour; negligence and article 8 claims were unsustainable or frivolous. For these reasons the High Court's striking out of the statement of claim is upheld and the appeal is dismissed.
21 Nov 2025

GULAM WAWASAN SDN BHD 1. ) Kerajaan Malaysia 2. ) KEMENTERIAN PERUMAHAN DAN KERAJAAN TEMPATAN 3. ) JABATAN PENGURUSAN SISA PEPEJAL NEGARA 4. ) Dato' Sri Haji Mohammad Bin Mentek, Ketua Setiausaha Kementerian Perumahan Dan Kerajaan Tempatan

Citation

W-01(NCvC)(W)-180-03/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)(W)-180-03/2024 (Mahkamah Rayuan)

Appeal dismissed because Appellant lacked privity with the Government; Appellant had a contractual relationship with AFSB and was paid pursuant thereto, therefore Section 71/quantum meruit did not apply against the Respondents; discrimination claim failed as the dispute was governed by private contract law and no intelligible justification for state discrimination was shown; misfeasance claim failed for lack of evidence of bad faith, targeted malice or reckless indifference by the Fourth Respondent; Fifth and Sixth Respondents lacked authority to approve the claimed rate increases under Act 6…
9 Jul 2025

MUNIAMAH A/P RAMAN Kerajaan Malaysia

Citation

AA-21NCvC-5-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-21NCvC-5-03/2020 (Mahkamah Tinggi)

The court held that defendants, including prison and police officers, breached statutory and common law duties owed to the deceased in custody by failing to provide timely medical treatment, maintain records, notify next‑of‑kin and by suppressing evidence; the conduct satisfied the elements of misfeasance in public office and engaged vicarious liability of the Government. An adverse inference was warranted for non‑production of CCTV. Judgment entered for plaintiff and quantified damages awarded as set out in orders.
8 May 2025

AZMI BIN ALANG AHMAD (menyaman untuk dirinya sendiri dan dalam kapasiti perwakilannya untuk dan bagi manfaat keseluruhan kelas orang-orang yang telah mendepositkan wang kepada MGSB Berhad) 1. ) SITI WAKI'AH BINTI MOHD NOR (yang dituntut dal

Citation

WA-21NCvC-109-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-109-10/2022 (Mahkamah Tinggi)

Plaintiff's claim against Defendants 2–7 fails because those defendants did not make the prosecutorial decision to release seized funds; the relevant decisions were made by the Deputy Public Prosecutor under AMLA, no mala fide was established, and statutory immunity (s.77) and lack of causation preclude misfeasance or other civil liability against Defendants 2–7; Plaintiff should have named the Public Prosecutor or pursued judicial review.
15 Apr 2025

1. ) TENASWARI A/P RAJEN 2. ) Madhavan A/l Kattan [Bertindak Sebagai Pentadbir-pentadbir Bersama Sah Harta Pusaka Thinagaran A/l Madhavan, Simati Dan Dalam Kapasiti Sendiri Serta Pihak-pihak Tanggungan Si Mati Yang Lain] 1. ) KEPTEN MARITIM

Citation

BA-21NCvC-24-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-24-05/2020 (Mahkamah Tinggi)

Where a person is detained the detaining authority owes a duty to take reasonable care to prevent self-harm; Defendants breached that duty by providing an extra pair of pants and detaining the deceased in a cell with a grill and by failing to monitor continuously (CCTV and patrols), causally enabling the suicide; novus actus and contributory negligence defenses fail; Plaintiffs succeed on negligence only and are entitled to specified damages and costs.
20 Mar 2025

1. ) BADAN PEGUAM MALAYSIA 2. ) KAREN CHEAH YEE LYNN 3. ) MOHAMAD EZRI BIN ABDUL WAHAB 4. ) ANAND RAJ A/L R. BALASUPRAMANIAM 5. ) MURSHIDAH BT MUSTAFA 1. ) NOOR DELLHAN BIN YAHAYA (SELAKU PEGAWAI YANG MENJAGA DAERAH POLIS DANG WANGI) 2. ) N

Citation

WA-21NCvC-113-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-113-10/2022 (Mahkamah Tinggi)

Court held the 1st Defendant acted ultra vires on 15 June 2022 by absolutely prohibiting the march relying on Regulation 6 of the COVID‑19 Regulations; however the evidence did not establish false imprisonment or misfeasance in public office because there was only a partial restraint and the OCPD acted without requisite mens rea or reckless indifference; DBKL consent was required under s.10(c)/s.11 PAA 2012 and the notification was only complete when that consent was furnished, after which the OCPD timely issued conditions.