Malaysia Case Law: Decisions & Judgments

Topic

Partner liability

Legal area

Court

4 Sept 2025

1. ) I TRADE (HK) LTD 2. ) HARMONY IMPORTS LIMITED 3. ) EVER HAPPY (HONG KONG) LIMITED 4. ) Ravjot Bhasin 1. ) MOHD ZHAFRI BIN AMINURASHID 2. ) FAHMI BIN ADILAH 3. ) NORMAN BIN MOHD NASIR 4. ) MOHAMAD ASHRAF BIN AHMAD SOHAIMI 5. ) MUHAMMAD

Citation

BA-22NCvC-502-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-502-12/2023 (Mahkamah Tinggi)

The court allowed the proposed amendments because they were bona fide, not a tactical manoeuvre, not subject to inordinate delay, and necessary to properly articulate the pleaded facts and causes of action arising from the alleged misuse of escrow/trust funds; the balance of prejudice favored allowing the amendments and, in any event, subsequent discontinuances rendered any adverse effect on Defendants 2–5 academic.
5 Dec 2024

ROSNIYATI BINTI MASKAM 1. ) KUGAPRIYA GANASAN (SEBAGAl WAKIL DIRI BAGl SI MATl, MELVINDER SINGH A1L MANJIT SINGH YANG TELAH MENlNGGAL DUNIA PADA 4.9.2023) 2. ) YASMIN SYAKIRAH BINTI ZAKARIA 3. ) TETUAN MELVIN YASMIN & ASSOCIATES

Citation

BA-22NCvC-337-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-337-08/2022 (Mahkamah Tinggi)

The court found Defendants failed to prove Plaintiff consented to use the full sale proceeds to settle her son's loans and fees; the LAA did not specify amounts and evidence did not discharge Defendants' burden. The deceased's unsworn statement was admissible but of limited weight; DW-2's evidence was not excluded as hearsay. Under the Partnership Act the Second Defendant and the firm are jointly liable for misapplication of client funds. Judgment entered for Plaintiff for RM913,200.00 plus interest and costs awarded.
10 Mar 2022

Fuji Xerox Asia Pacific Pte Ltd Kamaliah Binti Muda

Citation

WA-12ANCvC-247-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-247-09/2021 (Mahkamah Tinggi)

The Court allowed the appeal and held that the Second Defendant was bound and liable for the debt under the Agreements entered into while she was a partner: lack of personal knowledge or internal segregation of duties does not absolve a partner; retirement in May 2017 did not discharge liability for obligations incurred while a partner absent publication/notice or agreement discharging liability; therefore the Sessions Court erred in dismissing the summary judgment application.
3 Mar 2022

1. ) CHAMPION GARMENT SDN. BHD. 2. ) NG KUAN YOONG 1. ) ONG CHIN JUN 2. ) ONG BEE HOON

Citation

PA-22NCvC-164-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-164-07/2019 (Mahkamah Tinggi)

Plaintiff established on the balance of probabilities the debt for goods sold and delivered by documentary evidence and testimony; defendants failed to prove any goods were rejected or returned and therefore failed to discharge the evidential burden, so the outstanding sum of RM788,150.04 was proven but RM130,000 paid to a supplier on plaintiffs' behalf was deducted, leaving RM658,150.04 payable jointly by the defendants; plaintiffs failed to prove concealment or breach of fiduciary/fidelity because evidence showed the arrangement was known and agreed and the 1st defendant's shareholding was…
27 Dec 2019

LEE CHOON HEI (NRIC No.: 490928-10-5331) CHEAH BOON HOE (NRIC No.: 571211-08-6107) (formerly the Principal Owner of the firm Messrs. Paul Cheah & Assocaites and now practising under the name of Messrs Paul Cheah Associates)

Citation

WA-22NCC-258-05/2019 (No. 2) (Mahkamah Tinggi)
Court

No. 2
Case number

WA-22NCC-258-05/2019 (No. 2) (Mahkamah Tinggi)

Defendant remained a partner because the Partnership Agreement continued in effect, he continued to receive profit shares and exercise management rights, and no variation or transfer of his partnership interests was proved; the earlier third‑party proceeding was terminated procedurally and did not dispose of the merits so res judicata did not apply; indemnity claim was not premature under authority that cause of action for indemnity runs from date defendant is held liable; Plaintiff's bankruptcy was stayed so the action could proceed.

Malaysia Case Law

1. ) I TRADE (HK) LTD 2. ) HARMONY IMPORTS LIMITED 3. ) EVER HAPPY (HONG KONG) LIMITED 4. ) Ravjot Bhasin 1. ) MOHD ZHAFRI BIN AMINURASHID 2. ) FAHMI BIN ADILAH 3. ) NORMAN BIN MOHD NASIR 4. ) MOHAMAD ASHRAF BIN AHMAD SOHAIMI 5. ) MUHAMMAD

ROSNIYATI BINTI MASKAM 1. ) KUGAPRIYA GANASAN (SEBAGAl WAKIL DIRI BAGl SI MATl, MELVINDER SINGH A1L MANJIT SINGH YANG TELAH MENlNGGAL DUNIA PADA 4.9.2023) 2. ) YASMIN SYAKIRAH BINTI ZAKARIA 3. ) TETUAN MELVIN YASMIN & ASSOCIATES

Fuji Xerox Asia Pacific Pte Ltd Kamaliah Binti Muda

1. ) CHAMPION GARMENT SDN. BHD. 2. ) NG KUAN YOONG 1. ) ONG CHIN JUN 2. ) ONG BEE HOON

LEE CHOON HEI (NRIC No.: 490928-10-5331) CHEAH BOON HOE (NRIC No.: 571211-08-6107) (formerly the Principal Owner of the firm Messrs. Paul Cheah & Assocaites and now practising under the name of Messrs Paul Cheah Associates)