Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation (fraudulent and negligent)

Legal area

Court

11 Mar 2026

MOK CHIA WU 1. ) CHUA CHEE WEAE 2. ) CHUA CHEE LIANG

Citation

JA-22NCvC-141-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-141-10/2024 (Mahkamah Tinggi)

The amendment was refused because it would introduce a new cause of action (tortious misrepresentation) fundamentally changing the character of the original contractual claim for specific performance; it was made as a tactical response after the defence was disclosed and would cause serious prejudice to defendants not reparable by costs, therefore the application fell outside the permissible scope of Order 20 Rule 5 and must be dismissed.
25 Apr 2019

ACCOLADE LAND SDN BHD MASS RAPID TRANSIT CORPORATION SDN BHD & 3 LAGI

Citation

W-01(IM)(C)-184-05/2017 (Mahkamah Rayuan)
Court

IM
Case number

W-01(IM)(C)-184-05/2017 (Mahkamah Rayuan)

The Court of Appeal allowed the appeal because the High Court had erred by resolving contested factual issues and imposing an undue requirement for contemporaneous written documentation for an alleged oral contract at the strike‑out stage; the pleaded facts, conduct and documents showed a reasonable cause of action that was not plainly and obviously unsustainable, therefore the claim against the 1st defendant must be reinstated and remitted for trial.