Malaysia Case Law: Decisions & Judgments

Topic

Pre-judgment interest

Legal area

Court

23 Jan 2026

MULTI MERIDIAN SDN BHD ISKANDAR REGIONAL DEVELOPMENT AUTHORITY (IRDA)

Citation

JA-22NCvC-4-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-4-01/2020 (Mahkamah Tinggi)

Clause 4.3 of the JVA allocated the licensing risk to the Defendant; the licence revocation was causally linked to regulatory breaches and delayed/deficient conduct by the Defendant and was not a true external supervening event; therefore frustration under s.57(2) Contracts Act is unavailable. The Defendant breached Clause 4.3 (and Clause 25.1 obligations) causing IMSEC's collapse; Plaintiff proved loss of RM1,682,844.80 on balance of probabilities; Ecovis report admissible but of limited weight; counterclaim for training costs and mismanagement/fiduciary breach failed.
26 Nov 2025

ORCHARD CIRCLE SDN BHD 1. ) LEE KIM KOK 2. ) CHIN WEI KIEN 3. ) ONG TAI SING PENCELAH Fortune Venture Managment Sdn Bhd

Citation

BA-22NCvC-212-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-212-05/2019 (Mahkamah Tinggi)

Court found tenancy was renewed by conduct (rent payments and post-expiry acts), Plaintiff proved outstanding arrears of RM593,431.29 as at 30.9.2018, vacant possession was delivered by end January 2019 so the double rent claim fails, but Defendants must pay rental for the extension period 1.10.2018–30.1.2019 (RM174,800.00); awarded post-judgment interest at 5% on sums awarded and costs RM20,000.00.
18 Nov 2025

LEE CHAI SENG PENCELAH MAGNUM CONSORTIUM SDN BHD

Citation

25-16-2011 (Mahkamah Tinggi)
Court

High Court
Case number

25-16-2011 (Mahkamah Tinggi)

The Deputy Registrar's decision was affirmed in part: the Intervener was not entitled to recover the claimed loan interest of RM6,190,634.83; loss of profit claim was limited to the period during which the Registrar's Caveat subsisted (10.03.2011 to 29.09.2011) and the 5% per annum post-judgment interest awarded by the DR is retained under Order 42 r 12 Rules of Court; pre-judgment interest beyond the High Court Order was not awarded under s11 Civil Law Act because the High Court Order did not provide for it.
30 Sept 2025

JBS AUSTRALIA PTY LIMITED RAIHANAH COLD STORAGE SDN. BHD.

Citation

JA-22NCC-31-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-31-03/2025 (Mahkamah Tinggi)

The Court found Plaintiff satisfied Order 14 prerequisites and established a prima facie case supported by contemporaneous documentary evidence; Defendant’s pleaded defences amounted to disputed assertions rather than bona fide defences and Defendant had submitted to Malaysian jurisdiction by appearing and filing pleadings without timely challenge to jurisdiction. Given the strong transactional nexus to Malaysia and the evidential record, no triable issues warranted a full trial. Summary judgment was therefore entered for Plaintiff and costs awarded.
28 Nov 2024

AHMAD FAIZ ZHAFRI BIN MOHAMMAD 1. ) RAJA A/L VIJAYA KUMARAN 2. ) SENTHIL KUMAR A/L KANASING

Citation

PA-12B-29-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-29-05/2024 (Mahkamah Tinggi)

On balance of probabilities the High Court allowed the appeal in part: it upheld the Sessions Court's RM40,000 award for the clavicle fracture/joint disruption, held that muscle wasting must be awarded separately and awarded RM10,000 for muscle wasting, allowed physiotherapy costs of RM1,333.00 (2/3 of RM2,000), allowed reconstruction surgery costs of RM20,000.00 (2/3 of RM30,000), allowed loss of earnings of RM35,517.60, found the Sessions Court's RM5,000 award for multiple permanent scars inadequate, confirmed appropriate interest orders and awarded costs of the appeal RM5,000 to the plaint…
11 Nov 2024

TENAGA NASIONAL BERHAD BATU KEMAS INDUSTRI SDN BHD

Citation

A-01(W)-247-04/2022 (Mahkamah Rayuan)
Court

W
Case number

A-01(W)-247-04/2022 (Mahkamah Rayuan)

The Court held that pre-judgment interest was discretionary and not warranted given the Federal Court's remit; statutory post-judgment interest at 5% per annum applies from the date of the judgment (17.3.2022) until satisfaction; documents merely marked "ID" and not admitted as exhibits cannot support assessment of damages so awards based solely on them must be reduced to nominal sums; the High Court did not exceed the Federal Court's remit in awarding replacement/repair costs and its discretionary reduction of the quantum to RM35,000,000 was not disturbed.
11 Nov 2024

Kerajaan Malaysia BATU KEMAS INDUSTRI SDN BHD

Citation

A-01(W)-242-04/2022 (Mahkamah Rayuan)
Court

W
Case number

A-01(W)-242-04/2022 (Mahkamah Rayuan)

Court of Appeal upheld the High Court's approach on replacement/repair costs (RM35,000,000) as within judicial discretion and within the Federal Court remit; denied pre-judgment interest but held statutory post-judgment interest at 5% p.a. runs from date of judgment (17.3.2022) until full settlement; reduced awards relying on inadmissible ID documents (paras (c)-(e)) to nominal RM1,000 each; deleted para (b) as subsumed into para (f); parties to bear own costs.
11 Nov 2024

BATU KEMAS INDUSTRI SDN BHD 1. ) Kerajaan Malaysia 2. ) TENAGA NASIONAL BERHAD

Citation

A-01(W)-243-04/2022 (Mahkamah Rayuan)
Court

W
Case number

A-01(W)-243-04/2022 (Mahkamah Rayuan)

Pre-judgment interest is discretionary and not awarded because Federal Court remit was specific; post-judgment interest at statutory rate 5% per annum is payable from the date of the High Court assessment judgment (17.3.2022) until full payment; the High Court did not err in awarding RM35,000,000 for replacement/repair where the valuation evidence was unrebutted and the judge made justified adjustments; documents marked "ID" are not admissible to prove quantum so heads supported only by ID documents reduced to nominal damages of RM1,000 each; deletion of para (b) as subsumed into para (f) and…
18 Oct 2024

VANTAGE TRADING PARTNERS SDN BHD CERMAT RIA SDN BHD

Citation

BA-12ANCvC-7-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-7-02/2024 (Mahkamah Tinggi)

Appeal allowed in part: Sessions Court's award of pre-judgment interest was correct in principle but should run only until date of judgment; pre-judgment interest at 1.5% per month to be calculated to date of judgment (amount fixed in judgment calculation as RM8,640.37 as at 4-7-2023) and post-judgment interest set at 5% per annum from date of judgment until full payment; no bona fide triable issues on revised rates, removal of goods or election of remedies to defeat summary judgment.
7 Oct 2024

Dr Pakirisamy Baskaran

Citation

S7-21-59-2001 (Mahkamah Tinggi)
Court

High Court
Case number

S7-21-59-2001 (Mahkamah Tinggi)

Appeal allowed in part: Registrar's assessment varied to award additional special damages (RM5,000 for Hindu funeral rites; RM46,800 for maid assistance), additional general damages for loss of sexual relations to each spouse (RM30,000 each for first and second plaintiffs), additional general damages to second plaintiff for trauma (RM10,000), additional bereavement award to second plaintiff (RM15,000); pre-judgment interest awarded at 8% p.a. for specified periods and post-judgment interest at 5% p.a.; aggravated damages disallowed for failure to plead; costs RM85,000 for assessment and RM10,…