Malaysia Case Law: Decisions & Judgments

Topic

Order 14a summary judgment

Legal area

Court

30 Apr 2025

ANTHONY JOHN DASON 1. ) WONG KEAN YEN 2. ) LIANG CHONG BENG (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co Dan Bekas Rakan Kongsi Dalam Firma Messrs Nga Hock Cheh & Co) 3. ) NG KWEE LAN (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co

Citation

WA-B52NCvC-466-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-466-10/2024 (Mahkamah Sesyen)

On the undisputed facts and documents (letters of 15.3.2019, 19.3.2019 and 22.3.2019) the retainer was a contingency fee arrangement; such an arrangement is prohibited by section 112 Legal Profession Act 1976 and is contrary to public policy so that the contract is void under section 24 Contracts Act 1950. Consequently the plaintiff's claims based on that contract fail and are dismissed; related liens/kaveats and counterclaims founded on the illegal contract are unenforceable. Order 14A summary disposal was appropriate because material facts were not in dispute.
31 Mar 2022

BIOSKIN & LASER CENTRE SDN BHD TEH HUEY FEN

Citation

BL-A72NCvC-368-09/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-A72NCvC-368-09/2021 (Mahkamah Majistret)

The court held that s48 EPF Act does not preclude a restitutionary claim for unjust enrichment; where an employer has paid EPF contributions on behalf of an employee the employer may recover those sums by an action for unjust enrichment and the defendant failed to raise any bona fide triable issue, therefore the defendant's Order 14A application was dismissed.
24 Sept 2020

PUBLIC BANK BERHAD 1. RIA REALITI SDN BHD 2. WONG KIEN CHING 3. CHEW CHING TONG 4. SEE TECK ANN 5. TAN BOO SENG 6. RASAMUTU SDN BHD

Citation

S-02(IM)(NCVC)-529-03/2019 (Mahkamah Rayuan)
Court

IM
Case number

S-02(IM)(NCVC)-529-03/2019 (Mahkamah Rayuan)

Appeal allowed: Court held the loan agreements and related security documents were not tainted by illegality because the bank was a bona fide financier, the loans were primarily to finance sub-leases (permitted under Sabah Land Ordinance), there was no finding that the bank had knowledge of illegality, and the Neway authority was distinguishable on facts; alternatively, even if illegality attached the bank would be entitled to relief under restitution (s66) and the Patel v Mirza discretionary approach; guarantors liable and counterclaims dismissed.

Malaysia Case Law

ANTHONY JOHN DASON 1. ) WONG KEAN YEN 2. ) LIANG CHONG BENG (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co Dan Bekas Rakan Kongsi Dalam Firma Messrs Nga Hock Cheh & Co) 3. ) NG KWEE LAN (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co

BIOSKIN & LASER CENTRE SDN BHD TEH HUEY FEN

PUBLIC BANK BERHAD 1. RIA REALITI SDN BHD 2. WONG KIEN CHING 3. CHEW CHING TONG 4. SEE TECK ANN 5. TAN BOO SENG 6. RASAMUTU SDN BHD