Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Natural justice (bias)

Legal area

Court

25 Sept 2025

YAP THIAM HUAT 1. ) TIMBALAN MENTERI DALAM NEGERI MALAYSIA 2. ) PENGUASA KANAN PUSAT PEMULIHAN AKHLAK BINTULU, SARAWAK 3. ) KETUA POLIS NEGARA

Citation

WA-44-87-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-87-05/2025 (Mahkamah Tinggi)

The writ is granted because the investigating officer who prepared the s3(3) report was part of the arrest team, creating a reasonable apprehension of bias and breaching natural justice; the delays by the inquiry officer (15 days) and Deputy Minister (23 days) were not fatal and did not vitiate the detention order.
29 Nov 2022

WIRADANI DEVELOPMENT SDN BHD SPNB ASPIRASI SENDIRIAN BERHAD

Citation

WA-24C(ARB)-18-05/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-18-05/2022 (Mahkamah Tinggi)

The Court refused to set aside the Final Award and granted recognition and enforcement because SPNB failed to establish any statutory ground under the Arbitration Act 2005 to refuse recognition or enforcement; the arbitrator was validly appointed and had considered the parties' cases; alleged conflicts were previously determined and are res judicata; errors of fact or law asserted by SPNB did not meet the high threshold required to overturn an arbitral award and minimal judicial interference principle mandates enforcement.