Malaysia Case Law: Decisions & Judgments

Topic

Pre- and post-judgment interest

Legal area

Court

12 Feb 2026

1. ) IMPIANA SDN. BHD. 2. ) DATO' SERI ISMAIL @ FAROUK BIN ABDULLAH 1. ) V CAPITAL SDN. BHD. 2. ) DATO' HOO VOON HIM PIHAK TERKILAN LEE HOCK SENG

Citation

WA-22NCC-354-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-354-05/2024 (Mahkamah Tinggi)

The court found defendants breached the Share Sale Agreement and Supplemental Agreement by failing to effect the 3rd tranche payment of RM15,000,000 by 15-02-2024 and by failing to undertake the Assumption of Liabilities by 30-11-2023. Plaintiffs demonstrated continuous readiness and willingness to perform. Under Specific Relief Act 1950 (s11 and s18) and established authorities, monetary compensation was inadequate and specific performance was appropriate; the court therefore ordered specific performance (payment of RM15,000,000 and assumption of liabilities) against the 1st and 2nd defendan…
23 Dec 2025

JOHOR LAND BERHAD 1. ) AISHATON BINTI ABU BAKAR 2. ) MOHD TALHA BIN MOHAMED ARIFFIN 3. ) RUHAIZAH BINTI ABDUL HAMID 4. ) ZAINUL RIJAL BIN ABU BAKAR

Citation

JA-22NCvC-14-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-14-01/2023 (Mahkamah Tinggi)

On the balance of probabilities the firm Zainul Rijal Talha & Amir was appointed and acted as stakeholder solicitors; financiers' remittance advices and bank statements produced by bank witnesses proved receipt and holding of stakeholder monies; contractual staged release triggers had passed and matured sums were not remitted; the acts were within the ordinary course of the firm's business so all partners during the relevant period are jointly and severally liable; Plaintiff proved net outstanding RM1,439,022.89 and is entitled to interest at 5% p.a. (pre‑ and post‑judgment) and costs RM150,0…
23 Dec 2025

JOHOR LAND BERHAD 1. ) AISHATON BINTI ABU BAKAR 2. ) MOHD TALHA BIN MOHAMED ARIFFIN 3. ) RUHAIZAH BINTI ABDUL HAMID 4. ) ZAINUL RIJAL BIN ABU BAKAR

Citation

JA-22NCvC-14-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-14-01/2023 (Mahkamah Tinggi)

On the balance of probabilities Zainul Rijal Talha & Amir was appointed and acted as stakeholder solicitors, stakeholder monies were received into the firm's client account(s), matured portions were not remitted, and the 1st–3rd Defendants (partners during the relevant period) are jointly and severally liable to pay RM1,439,022.89; pre-judgment and post-judgment interest at 5% p.a. and costs awarded.
1 Jul 2025

1. ) Nor Azira binti Salleh 2. ) Cik Rusli Bin Che Mood Ismail bin Jahya

Citation

TD-A53KJ-33-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TD-A53KJ-33-06/2023 (Mahkamah Sesyen)

On balance of probabilities defendant was negligent in entering the main road from the shoulder without ensuring it was safe despite signalling; claimant contributed 20% to the collision due to lack of licence, inappropriate speed and failure to brake. Liability apportioned 80% defendant / 20% plaintiff. Total judgment for plaintiffs RM407,671.00 (including general damages RM101,800.00 and specified special damages), pre-judgment interest at 2.5% p.a. on general and special damages from respective dates to judgment, post-judgment interest at 5% p.a. from judgment to settlement, and costs on t…
27 Aug 2024

Prince Court Medical Centre Sdn Bhd 1. ) Lim Yoke Har 2. ) Goh Seng Chin 3. ) Goh Kim Kio 4. ) Goh Seng Cha

Citation

WA-22NCvC-397-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-397-05/2021 (Mahkamah Tinggi)

On the balance of contemporaneous evidence and witness testimony (notably the hospital incident report, nursing team review and testimony that cot sides commonly fail), the High Court found the most probable cause of the fall was mechanical failure of the bed cot side. Prince Court breached duties by failing to produce complete incident and nursing review documents, failing to report to MOH and by attempting to shift blame; these actions justified liability against Prince Court and an award of aggravated damages. Claims against Dr Nick Chong and Nurse Zulia were dismissed (Dr Nick conceded no…
27 Aug 2024

Lim Yoke Har 1. ) Prince Court Medical Centre Sdn Bhd 2. ) Nick Chong Chung King 3. ) Zulia Rashila Md Shafar

Citation

WA-23NCvC-70-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-70-12/2019 (Mahkamah Tinggi)

On balance of evidence the Court found the fall was most likely caused by mechanical failure of the old bed cot side and Prince Court Medical Centre breached its duty of care and statutory obligations (failure to report to MOH and non-disclosure of incident/internal review). Adverse inferences were drawn for non-disclosure. Liability against Prince Court was established; claims against Dr Nick Chong and Nurse Zulia were dismissed (patient conceded no liability against Dr Nick Chong). Damages awarded include special and general damages (general RM500,000), aggravated damages RM1,000,000, multi…
8 Dec 2023

1. ) MULIAR OLEG 2. ) LI XUEYONG PEMUNYA DAN/ATAU PIHAK-PIHAK YANG MEMPUNYAI MILIKAN ATAU KAWALAN TERHADAP KAPAL ORIENTAL DRAGON DI PELABUHAN PENAMA PENCELAH 1. ) BRIT UW LIMITED 2. ) LAVENHAM UNDERWRITING LIMITED 3. ) ASIA CAPITAL COMMODIT

Citation

WA-27NCC-11-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-11-02/2021 (Mahkamah Tinggi)

The court held that for competing claims in foreign currencies against a limited fund denominated in Ringgit Malaysia and where claimants are ranked in priority, a single, common conversion date must be fixed to protect equality of treatment; accordingly the operative conversion date for most foreign currency claims ordered to be paid out of the Fund is the date of the Order of Priorities and Payment Out (20.3.2023), except where the Order expressly fixed conversion to the Writ dates for Suit 11 (9.2.2021) and Suit 21 (20.4.2021); the court also held it had jurisdiction to grant consequential…
27 Sept 2023

Bagan Hasrat Sdn. Bhd. Suresh Kumar A/L Ramachandren

Citation

BA-22NCC-50-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-50-04/2022 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff proved that sums were disbursed and the Defendant received monies as a loan; documentary evidence and witness testimony established the transaction but only four payment vouchers totaling RM1,060,000 were attributable to the Defendant so judgment awarded RM1,060,000; interest was refused because Plaintiff was not a licensed moneylender and interest claim was legally impermissible in the circumstances; Defendant failed to prove forgery sufficiently to defeat the admission.
16 Jan 2023

1. ) Eco Hijau Semula Sdn Bhd 2. ) Greenbio Technology Sdn Bhd Mohd Najeib Bin Ahmad Walat (berniaga sebagai Pemilik Tunggal di bawah nama dan gaya 'Triple A Aura Resources')

Citation

BA-22C-17-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-17-06/2020 (Mahkamah Tinggi)

The four Letters of Award dated 7.11.2019 constituted binding agreements accepted by the Plaintiffs through unequivocal conduct (performance, procurement, attendance, invoices, progress reports); the Defendant was estopped from denying the contracts; the Defendant's termination letters were unlawful and constituted breaches on 5.1.2020; damages under s 74(1) Contracts Act 1950 are recoverable — the value of works was recoverable as arising in the usual course, and loss of profit was foreseeable and recoverable — therefore the Defendant must pay the specified sums, interest and costs.