Malaysia Case Law: Decisions & Judgments

Topic

Order 37 rules of court 2012

Legal area

Court

30 Mar 2026

1. ) PENCALA PROPERTIES (M) SDN BHD (dalam likuidasi) 2. ) HRK HOLDINGS SDN BHD 1. ) MOHD NAZRUL IZAD BIN MOHD ARSAD 2. ) MUHIBAH ASET BERHAD

Citation

BA-24NCvC-2816-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2816-12/2025 (Mahkamah Tinggi)

Defendants lacked any caveatable or registrable interest because their claim was purely monetary (payments totalling RM586,000) and did not confer a proprietary or registrable interest in the land; therefore the private caveat was ordered removed, costs awarded and damages to be assessed under Order 37.
17 Mar 2025

MOHD MUSYRIFF BIN AHMAD TAJUDDIN 1. ) NADIRAH BINTI AHMAD 2. ) AZUDEN BIN AZIZ 3. ) ABDUL RAHAMAN BIN WAN LAH

Citation

KA-24NCvC-682-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-682-09/2018 (Mahkamah Tinggi)

Application dismissed because applicants failed to provide sufficient plausible evidential material or explanation to justify a 2.5 year delay in seeking assessment of damages under Order 37; discretion to extend time was not exercised where applicants had sat on their rights and did not comply with mandatory procedural requirements including absence of affidavit from the Third Defendant.
5 Sept 2024

VENTURE SKL SDN. BHD. GEONEX (M) SDN. BHD.

Citation

CA-22NCvC-36-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

CA-22NCvC-36-07/2018 (Mahkamah Tinggi)

The court held that the plaintiff's notices were filed within one month of the final Federal Court decision and, in any event, O.37 r.1 must be read with the overriding objective and O.34 so non‑compliance is not inevitably fatal; accordingly the plaintiff's application for extension/abridgment of time was allowed (with costs to the defendant) and the defendant's application to set aside the notices was dismissed with no order as to costs.
26 Jul 2024

Rathnavel A/l Packirisamy KOPERASI NLFCS BERHAD

Citation

WA-22NCVC-561-09/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-561-09/2016 (Mahkamah Tinggi)

The application (enclosure 183) was dismissed because it was grounded on the wrong procedural provision (O.44 RC 2012) where the court had ordered assessment of damages/compensation; the correct procedure for assessment following judgment/remittal is under O.37 RC 2012, and the plaintiffs had not complied with mandatory time limits nor obtained abridgement of time, so the O.44 application was both procedurally inappropriate and unduly delayed.
4 Aug 2023

Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

Citation

WA-22C-24-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-24-03/2021 (Mahkamah Tinggi)

Because this Court had previously dismissed the plaintiff's injunction application and specifically directed the 1st Defendant to file a formal application for assessment of damages, the undertaking as to damages is enforceable and the proper course is to assess whether the 1st Defendant suffered compensable loss; consequently the application to enforce the undertaking and for assessment is allowed and the assessment is to be conducted before the Timbalan Pendaftar.
26 Apr 2019

1. LUCY WONG NYUK KING (F) 2. IK NGI PIAU HWANG MEE HIONG (F)

Citation

Q-02(IM)-1127-06/2017 (Mahkamah Rayuan)
Court

IM
Case number

Q-02(IM)-1127-06/2017 (Mahkamah Rayuan)

The appeal was allowed because the Judicial Commissioner erred in entertaining and granting the defendant's preliminary objection after this Court had reinstated Enclosure 68; Order 37 generally governs assessments before a Registrar/SAR and does not automatically apply to an assessment before a High Court Judge/JC by equating the Registrar with a Judge; the COA having ordered assessment by the Court or by Deputy Registrar/SAR permitted assessment before a Judge/JC and Enclosure 68 must be remitted to the High Court for hearing before the Judge/JC, costs RM3,000 awarded.

Malaysia Case Law

1. ) PENCALA PROPERTIES (M) SDN BHD (dalam likuidasi) 2. ) HRK HOLDINGS SDN BHD 1. ) MOHD NAZRUL IZAD BIN MOHD ARSAD 2. ) MUHIBAH ASET BERHAD

MOHD MUSYRIFF BIN AHMAD TAJUDDIN 1. ) NADIRAH BINTI AHMAD 2. ) AZUDEN BIN AZIZ 3. ) ABDUL RAHAMAN BIN WAN LAH

VENTURE SKL SDN. BHD. GEONEX (M) SDN. BHD.

Rathnavel A/l Packirisamy KOPERASI NLFCS BERHAD

Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

1. LUCY WONG NYUK KING (F) 2. IK NGI PIAU HWANG MEE HIONG (F)