Malaysia Case Law

21 Feb 2025

YAP TEAK SING LAI MING CHUN @ LAI POH LIN

Citation

WA-11ANCvC-58-09/2024 (Mahkamah Tinggi)

Court

High Court

Case number

WA-11ANCvC-58-09/2024 (Mahkamah Tinggi)

Leave obtained ex parte was properly set aside due to failure to disclose material facts arising after the Tribunal decision (independent expert confirmation and High Court finding of rectification); once leave is set aside the committal application is redundant and cannot proceed; strict compliance with Order 52 is mandatory.

• Committal proceedings
• Ex parte leave
• Non-disclosure of material facts
• Order 52 rules of court 2012
• Costs

13 Dec 2023

LIBERTY INSURANCE BERHAD MUHAMMAD QAIRUL JAFNIE BIN ABDUL RANI PENCELAH MUHAMMAD FAIZ EZWAN BIN MUHAMAD NAZRI

Citation

PA-24NCvC-231-03/2021 (Mahkamah Tinggi)

Court

High Court

Case number

PA-24NCvC-231-03/2021 (Mahkamah Tinggi)

The court found on the balance of probabilities that the cover note, which expressly commenced cover at 17/10/2017 20:09:48 and referenced in the policy documents, was the binding contract and the premium was paid then; therefore insurance did not exist at the time of the accident at 09:30. The insured breached the statutory duty of disclosure (Schedule 9 s4(1) FSA) and the duty of utmost good faith (Schedule 9 s5(9) FSA), rendering the insurance void/unenforceable; consequently the insurer was entitled to a declaration under s96(3) RTA. The Penang High Court had jurisdiction and the Originat…

• Section 96(3) declaration
• Utmost good faith (uberrimae fidei)
• Non-disclosure of material facts
• Assumption of risk
• Jurisdiction of high court branches
• Mode of proceedings (os vs writ)

30 Nov 2021

LAIN-LAIN In the Estate of Loh Ah Moy @ Loh Siew Keng (NRIC No: 090313-10-5076)

Citation

S3-32-535-2001 (Mahkamah Tinggi)

Court

High Court

Case number

S3-32-535-2001 (Mahkamah Tinggi)

The application to strike out the citation was dismissed because the citation complied with procedural requirements (Order 72 r7 and r8), the Citee was properly cited as the sole surviving executor under s14 P&A Act, any failure to produce the Grant warranted an extension of time rather than striking out, and merits of claims are to be determined in the writ action not in citation proceedings.

• Citation proceedings
• Striking out
• Non-disclosure of material facts
• Production of grant of probate
• Executor duties
• Order 72 rules of court 2012

20 Oct 2021

KALIAMMA A/P SINNASAMY [NRIC No.: 790308-01-5428] AIA BERHAD [COMPANY No: 790895-D]

Citation

JA-12BNCVC-07-08/2020 (Mahkamah Tinggi)

Court

High Court

Case number

JA-12BNCVC-07-08/2020 (Mahkamah Tinggi)

The trial judge’s factual findings that the deceased was diagnosed with iron deficiency anaemia, had knowledge of the condition during the 2012 hospitalisation and willfully failed to disclose the hospitalisation and medical condition on the insurance application were supported by medical records and witness evidence and were not plainly wrong; therefore the insurer was entitled to repudiate both policies and the appeal was dismissed.

• Non-disclosure of material facts
• Misrepresentation
• Policy repudiation
• Burden of proof
• Pleading requirements

8 Jul 2020

1. CENTEK LIMITED 2. CENTEK HOLDINGS LIMITED 3. CENTEK TECHNOLOGIES LIMITED 1. FARRAH DHEEBA BT SHAIFUL RIDZUAN 2. SHAIFUL DHARMA BIN SHAIFUL RIDZUAN 3. MOHD RAFEK BIN MOHD ABDUL WAPAT 4. MOHD SAUFI BIN ADAM 5. RAPAX SDN BHD 6. FLOWPAX SDN

Citation

WA-22IP-74-11/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22IP-74-11/2019 (Mahkamah Tinggi)

The court held the supporting affidavits were validly affirmed and properly filed, the plaintiffs had established an extremely strong prima facie case supported by recovered evidence showing misuse of confidential information and a real risk of destruction, the delivery-up and supervisory procedures complied with safeguards, and any alleged non-disclosure was immaterial; accordingly the ex-parte delivery-up order and interim injunction were justified and the defendants' application to set aside was dismissed.

• Breach of confidence
• Trade secrets
• Anton piller / delivery-up order
• Interim injunction
• Affidavit validity and foreign notarisation
• Electronic filing rules

PENDAKWA RAYA V OTTAVIO QUATTROCHI

Citation

PENDAKWA RAYA V OTTAVIO QUATTROCHI

Court

Malaysian court

Applicant did not prove deliberate non-disclosure; the impoundment order to surrender passport was not merely academic given respondent's ties to Malaysia and absence of a time limit; and by operation of Extradition Act s.37(6) the High Court's confirmation of the Sessions Court decision on review is final and not subject to appeal to the Court of Appeal, therefore the notice of appeal was not competent and the ex parte order was set aside.

• Right of appeal
• Finality of statutory review
• Ex parte applications
• Non-disclosure of material facts
• Mootness/academic issues
• Surrender of travel documents

EPCO MARINE SDN BHD v MBF FINANCE BHD

Citation

EPCO MARINE SDN BHD v MBF FINANCE BHD

Court

Malaysian court

The injunction was set aside because the plaintiffs non-disclosed a material fact (their attempt to sell the land), demonstrating an intent other than preservation and making damages an adequate remedy; the defendants' five-month delay was not undue; an Erinford order was made pending appeal.

• Injunction
• Non-disclosure of material facts
• Erinford order
• Order for sale
• Adequacy of damages
• Delay