Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie entitlement

Legal area

Court

2 Jun 2023

TEH YEAN TEONG TAN BOON SENG

Citation

WA-24NCvC-184-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-184-01/2023 (Mahkamah Tinggi)

Because the plaintiff continued negotiations after the contractual deadline (including forwarding a revised SPA draft), he was estopped from treating time as of the essence; time had become at large so he was obliged to give reasonable notice before terminating but did not do so; accordingly the defendant has a prima facie case and the private caveat should remain in force pending the substantive action.
23 Mar 2023

TETUAN ZURINA, HAFIZAH & CO. (Menyaman sebagai sebuah firma) 1. ) MOHD SOLEHHUDIN BIN ABDUL 2. ) NUR MOHD AMRUL SHAFWAN BIN BHARUM

Citation

CA-A72NCvC-182-07/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-182-07/2022 (Mahkamah Majistret)

On the balance of probabilities the plaintiff proved it was retained by the defendants (retainer letters and cancellation letter) and had incurred the pleaded expenses and fees; the defendants' denials were shadowy and not triable; therefore plaintiff established a prima facie entitlement and summary judgment was granted in part for the proven sums.