Malaysia Case Law: Decisions & Judgments

Topic

Mitigation of loss

Legal area

Court

24 Feb 2026

1. ) MOHD TARMIZI BIN MOHAMED NASIR 2. ) XXXX 1. ) NUR FATIHAH BINTI BAHARUDIN 2. ) AMINAH BINTI KHAMIS

Citation

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)

Defendants' appeal dismissed. Court held Defendants 100% liable because Defendant 1 admitted turning right into Plaintiffs' lane and misjudged clearance; Plaintiffs were riding lawfully and in their lane; late MRI evidence did not break causation because contemporaneous clinical notes, specialist examinations and expert evidence linked ongoing neck pathology to the accident; some claims reduced or rejected for failure to mitigate or lack of evidential support. Quantum awarded as itemised and costs and statutory interest granted as ordered.
12 Dec 2025

WELL BEST MINERAL WATER SDN. BHD. LIM SWEE WOH

Citation

JA-A52NCvC-368-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-368-12/2023 (Mahkamah Sesyen)

Court found defendant proved premises were untenantable due to missing/damaged electrical wiring requiring costly full rewiring; plaintiff failed to verify and mitigate by repossessing or inspecting despite rights under the lease; both parties breached contractual terms (plaintiff for not mitigating and failing to inspect, defendant for not giving written termination notice), accordingly plaintiff's claim is allowed only for vacant possession and retention of monies to cover removal costs while all other claims and defendant's counterclaim are dismissed.
19 Nov 2025

CARBON PAPER & RIBBON CO. SDN BHD WFN AUTO SDN BHD

Citation

BA-A52-83-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A52-83-08/2023 (Mahkamah Sesyen)

Although the Defendant committed breaches making termination under Clause 10.1.1 contractually available, the Plaintiff's subsequent conduct—accepting post-termination payments, failing to give a clear and reasonable notice to quit and delaying re-entry/mitigation—amounted to tacit approval or created equitable estoppel; as a result the Court exercises its discretion under s.28(4)(a) CLA and dismisses the Plaintiff's claim for double rental while upholding the validity of the termination; security deposit to be applied to proven restoration/utilities and balance retained by Plaintiff subject…
18 Nov 2025

1. ) PERMODALAN KELANTAN BERHAD 2. ) KOPERASI PERMODALAN KELANTAN BERHAD KOPERASI SAHABAT AMANAH IKHTIAR MALAYSIA BERHAD

Citation

WA-B52NCC-995-12/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-995-12/2022 (Mahkamah Sesyen)

On the balance of probabilities the defendant knowingly opened and operated the two disputed branches without the prior written approvals required by the Ar-Rahn franchise terms and used the plaintiffs' registered trademarks and system without permission, thereby breaching the franchise terms and committing passing off; plaintiffs proved loss and entitlement to injunctive relief, account of profits or assessment of damages and to exemplary and aggravated damages and costs.
17 Nov 2025

Ivory Associates Sdn Bhd AST MACHINERY (M) SDN BHD

Citation

PA-12BNCvC-6-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCvC-6-12/2022 (Mahkamah Tinggi)

The Sessions Court correctly interpreted the clear contractual terms establishing a minimum 25-month rental, the respondent's dismantling of the cranes pursuant to the appellant's instructions did not constitute acceptance of early termination, the respondent proved loss for the unexpired rental period and mitigation was not substantively in issue, and there was no basis for appellate intervention under the 'plainly wrong' test; accordingly the appeal is dismissed and the Sessions Court judgment affirmed.
23 Oct 2025

MUHAMMAD IRSYAD SYAMIL BIN ABDUL AZIZ 1. ) AWANG NIZAM BIN JUSOH 2. ) ERDA MARIANI BINTI RUNI

Citation

TA-B53KJ-7-04/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53KJ-7-04/2023 (Mahkamah Sesyen)

On balance of probabilities the defendants were 100% liable; the court assessed quantum item by item using medical reports, authorities and Compendium 2018, allowing general damages RM207,000 and special damages RM540,427.50 (total RM747,427.50), rejecting speculative claims (loss of prospect of marriage, future earning capacity) and disallowing excessively costly bionic prosthesis in favour of a realistic mechanical prosthesis award of RM468,000; applied one-third rule for private surgery costs and awarded interest and costs as per scale.
10 Oct 2025

Meridian Diversified (M) Sdn Bhd Export-Import Bank of Malaysia Berhad

Citation

WA-22NCvC-519-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-519-08/2020 (Mahkamah Tinggi)

Clause 16.3 cannot be read as an unfettered unilateral termination power that would render other termination provisions meaningless; the Defendant’s termination was wrongful. Plaintiff proved performance up to 90% and is entitled to compensation for work done: 90% of contract sum less amounts already paid (RM7,550,470). Interest at 5% p.a. from judgment and costs awarded to Plaintiff.
30 Sept 2025

JBS AUSTRALIA PTY LIMITED RAIHANAH COLD STORAGE SDN. BHD.

Citation

JA-22NCC-31-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-31-03/2025 (Mahkamah Tinggi)

The Court found Plaintiff satisfied Order 14 prerequisites and established a prima facie case supported by contemporaneous documentary evidence; Defendant’s pleaded defences amounted to disputed assertions rather than bona fide defences and Defendant had submitted to Malaysian jurisdiction by appearing and filing pleadings without timely challenge to jurisdiction. Given the strong transactional nexus to Malaysia and the evidential record, no triable issues warranted a full trial. Summary judgment was therefore entered for Plaintiff and costs awarded.
12 Sept 2025

1. ) Norasmuna Aili Binti Ahmad 2. ) Wan Izzah Iwana Nadjmin Binti Wan Ahmad Izuan Nor Hayati Binti Mat Yusof

Citation

CA-B52C-1-01/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-B52C-1-01/2022 (Mahkamah Sesyen)

On the balance of probabilities the defendant breached the renovation contract by failing to complete works and leaving defective work and abandoning the site on 17/11/2020; plaintiffs proved costs to rectify incomplete/defective works (RM104,128.00) and proved special losses for lost revenue and running costs (RM147,142.44 broken down to RM117,430.04 and RM29,705.40); plaintiffs mitigated losses by engaging a third party; defendant's PKP defense rejected as inconsistent with evidence; claim for restitution of total sums paid (RM105,400.00) and claims for general and exemplary damages were re…
11 Jul 2025

FATINI SYAFIQAH BINTI MD FAIRUS 1. ) YUWANESAN A/L GANESAN 2. ) KAVITHA A/P PANNOR SELLBAM

Citation

NA-B53KJ-20-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-B53KJ-20-05/2023 (Mahkamah Sesyen)

Having assessed the evidence and expert opinions, the court awarded quantified general and special damages on a compensatory basis: allowed the mechanical prosthesis proposed by defendants as reasonable and proportionate (RM528,000) after rejecting the plaintiff's uncorroborated microprocessor prosthesis claim; permitted specific future consultation and therapy costs but applied a one-third contingency deduction for private provision; applied multiplier methodology (multiplier 16) with 1/3 deduction for future loss of earnings; accepted proven past and agreed special losses and rejected items…