Malaysia Case Law: Decisions & Judgments

Topic

Notice of termination

Legal area

Court

30 Jul 2021

1. ) TAN PEN FAH & SONS REALTY SDN BHD 2. ) TAN WEI LIAN 3. ) SEK CHIAN NEE OCBC AL-AMIN BANK BERHAD

Citation

WA-22M-16-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-16-01/2021 (Mahkamah Tinggi)

Plaintiff met Order 14 prerequisites and produced a conclusive certificate of indebtedness; defendants failed to raise any bona fide triable issue (no affidavit evidence of fraud, misrepresentation, manifest error or particulars of forgery; discrepancies were explained by post-notice partial payments); contractual notice provisions were complied with; therefore summary judgment was justified for the reduced, current indebtedness and costs.
12 Oct 2019

ASPALIZA BINTI TAWAL & 4 OTHERS AUTOAIR INDUSTRIES SDN. BHD.

Citation

BA-16-3-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-3-01/2019 (Mahkamah Tinggi)

The Assistant Director's decision was set aside because he committed a plain factual error by failing to investigate whether the 2nd and 3rd Notices were sham documents and legal errors by not protecting the Appellants' Article 6(2) right to choose their employer, by relying on a Manual not incorporated into their contracts, and by treating transfers to a separate legal entity as valid under Clause 16; accordingly the Respondent must pay termination benefits and payment in lieu with interest and costs.
13 Mar 2018

EAGAIVALLINAYAGI AMMAL 1. CHIN MIN HUA 2. CHIN AH BAH @ CHIN MIN HENG 3. CHIN MIN HOOK

Citation

P-02(W)-1436-07/2017 (Mahkamah Rayuan)
Court

W
Case number

P-02(W)-1436-07/2017 (Mahkamah Rayuan)

The Court held the cause of action accrued with the defendant's breaches in 1996 (failure to deliver the Memorandum of Transfer within time) so the 12‑year limitation under Limitation Act 1953 s9(1) had expired by the time suit was filed in 2009; alternatively laches barred equitable relief because of inordinate unexplained delay that prejudiced the vendor; plaintiffs were not shown to be ready and able to perform; the 2001 notice did not alter accrual or waive the expiry. Consequently specific performance was refused, the High Court decision was set aside and the defendant's counterclaim all…

Malaysia Case Law

1. ) TAN PEN FAH & SONS REALTY SDN BHD 2. ) TAN WEI LIAN 3. ) SEK CHIAN NEE OCBC AL-AMIN BANK BERHAD

ASPALIZA BINTI TAWAL & 4 OTHERS AUTOAIR INDUSTRIES SDN. BHD.

EAGAIVALLINAYAGI AMMAL 1. CHIN MIN HUA 2. CHIN AH BAH @ CHIN MIN HENG 3. CHIN MIN HOOK