Malaysia Case Law: Decisions & Judgments

Topic

Pleading sufficiency

Legal area

Court

27 Feb 2026

HARKRISHPAAL SINGH A/L RANJIT SINGH LEE & JAY DENTAL SERVICES SDN BHD

Citation

BL-A52NCvC-48-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A52NCvC-48-05/2024 (Mahkamah Sesyen)

The Plaintiff's Statement of Claim failed to plead the specific contractual terms and particulars of breach necessary to sustain a cause of action; evidence and admitted documents could not cure that pleading defect; the Plaintiff did not prove payment of RM104,983.95 nor a subsisting entitlement to a 30% share; the claimed remedies were internally inconsistent and an accounting order was outside the Court's jurisdiction; accordingly both the claim and the contingent counterclaim were dismissed with costs.
8 Dec 2025

NOR AFENDI BIN MOHAMED THUFIK 1. ) SITI HAMIDAH BINTI AYOB 2. ) ISHAK BIN AYOB 3. ) MOHAMMAD FADEL BIN AYOB

Citation

BD-A52NCvC-20-06/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BD-A52NCvC-20-06/2025 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff's claim was struck out because the pleadings and affidavits failed to show any reasonable cause of action: there was no pleaded or exhibited agreement entitling the plaintiff to rental shares, no evidence plaintiff ever received rental income (payments to plaintiff were established as loan repayments), and the plaintiff's damages calculation was speculative based solely on a Facebook advertisement; the claim amounted to an abuse of process and an attempt to use disclosure/interrogatories to fish for evidence, therefore Lamp.24 is allowed and the w…
6 Nov 2025

RAFIZUDDIN BIN RAMLY FLOWBIRD MALAYSIA SDN BHD

Citation

W-02(NCvC)(W)-741-05/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-741-05/2024 (Mahkamah Rayuan)

On the evidence (particularly contemporaneous emails, admissions and circumstantial links), the trial judge was not plainly wrong to find the defendants misused Flowbird's confidential information, conspired to injure Flowbird and that the 1st and 2nd defendants breached fiduciary duties; however the High Court's damages figure for the Harding termination was excessive and must be reduced to reflect loss of profit (sales turnover less cost of sales), varied to USD51,610.00; remainder of the judgment affirmed.
9 Jul 2025

1. ) RAVINDERJEET KAUR A/P HARBANS SINGH 2. ) DILBIR KAUR A/P HARBANS SINGH 3. ) AMRIT BINTI ABDULLAH 4. ) MOHSEN MANINDER BIN ABDULLAH 1. ) BHOOPINDAR SINGH A/L HARBANS SINGH 2. ) NUR DIYANAH INDER BINTI ABDULLAH (INDERJEET KAUR A/P HARBAN

Citation

BA-22NCvC-249-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-249-06/2024 (Mahkamah Tinggi)

The defendants' summary application failed because the questions raised left material factual issues unresolved: the 4th Plaintiff was not bound by prior consent judgments, the pleaded claims allege fresh or continuing breaches by trustees and a continuing obligation to account, and limitation may not apply to equitable trust claims under s22 Limitation Act 1953; accordingly the issues require trial. The application under Order 14A/Order 33 r.2/3 is dismissed and costs awarded to plaintiffs.
26 Jun 2025

INTAN SHAHNAZLAH BINTI ABDULLAH MUHAMMAD NAIM BIN GHULAM MUHAMMAD

Citation

BA-12B-97-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-97-09/2024 (Mahkamah Tinggi)

The Sessions Court correctly found on the evidence that the Appellant authored and published the social media posts which in their ordinary and natural meaning conveyed defamatory imputations referring to the Respondent; publication was proven by third-party viewership and admissions; there was no lack of judicial appreciation to justify appellate intervention under the 'plainly wrong' test, and the damages awarded were not manifestly excessive, therefore the appeal is dismissed and the Sessions Court judgment is upheld.
6 Nov 2024

Tan Sri Dr Mohd Irwan Serigar Bin Abdullah Azmi Bin Tahir

Citation

W-02(IM)(NCvC)-1573-09/2024 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-1573-09/2024 (Mahkamah Rayuan)

The Court of Appeal held the High Court misdirected itself in striking out the third‑party proceedings. Given the pleaded factual matrix, the nature of the allegations and the interlocutory history (including document disputes), the third‑party claims against the former CFO and co‑directors were not properly summarily disposed of for delay or for failing to disclose a triable case; the matters of joint tortfeasance, indemnity and contribution require trial and may be remedied by amendment; consequently the High Court decision of 6 September 2024 was set aside and the applications to strike ou…
16 Mar 2023

MUHAMMAD ZAHIR SANJAY BIN ABDULLAH REELIANCE SECURITY SERVICES SDN BHD

Citation

WA-12ANCvC-225-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-225-08/2022 (Mahkamah Tinggi)

The court upheld the lower court's order striking out the defendant's counterclaim because the defendant failed to plead material facts giving rise to a cause of action, failed to particularise or prove the claimed special damages of RM600,000, and the counterclaim thereby amounted to an abuse of process; further the defendant had breached duties as stakeholder. Consequently the appeal was dismissed with costs.
13 Jan 2022

Azhani Bin Marlan @ Abd Halim 1. ) Sarjan Mohd Termizi Bin Zulkopli 2. ) Koperal Azizul 3. ) ASP Asmadi bin Hussin (Ketua Bahagian Siatatan Trafik, Ibu Pejabat Polis Daerah Sabak Bernam) 4. ) Kerajaan Malaysia

Citation

BL-12A-18-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12A-18-11/2021 (Mahkamah Tinggi)

The appeal fails because the appellant's pleadings did not disclose necessary material facts to support claims of unlawful detention, malicious prosecution or statutory breaches; malicious prosecution lacked the required element of proceedings terminating in the appellant's favour; no pleaded particulars of damage from statutory breaches; the claim was plainly unsustainable and an abuse of process warranting dismissal under Order 18 r.19 Rules of Court 2012.
15 Sept 2021

HOCK SENG TRACTOR EARTHWORKS 1. PENGURUSAN AIR SELANGOR SDN BHD 2. LEIKA SDN BHD 3. HLA ASSOCIATES SDN BHD

Citation

BL-22NCVC-5-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCVC-5-10/2020 (Mahkamah Tinggi)

The application to set aside the Third Party Notice was dismissed because Defendant 2 demonstrated triable issues: the Third Party was appointed by Defendant 2 to carry out surveying/alignment work, Defendant 2 relied on those results, and pleadings sufficiently alleged negligence and breach of contract giving rise to a reasonable cause of action that cannot be resolved on affidavit; accordingly the Third Party Notice must stand.
23 Aug 2021

DOLLY NG SURANDERAN A/L G KUPPUSAMY

Citation

BL-22NCVC-4-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCVC-4-03/2021 (Mahkamah Tinggi)

The application to strike out was dismissed because there are competing factual versions as to the purpose and character of the payments and the illegality pleaded is intertwined with disputed facts; therefore the threshold for summary disposal under Order 33/14A is not met and the illegality defence cannot be resolved without a full trial.