Malaysia Case Law: Decisions & Judgments

Topic

Promissory note

Legal area

Court

15 Jul 2025

1. ) HYDROSHOPPE SDN BHD 2. ) MENARA KUALA LUMPUR SDN BHD 1. ) MENTERI, KEMENTERIAN KOMUNIKASI (sebelum ini dikenali sebagai KEMENTERIAN PENERANGAN, KOMUNIKASI DAN KEBUDAYAAN), YB DATUK AHMAD FAHMI BIN MOHAMED FADZIL 2. ) Kerajaan Malaysia

Citation

WA-21NCvC-22-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-22-03/2025 (Mahkamah Tinggi)

The Court found Exhibits PN3 and PN5 did not contain settlement negotiations but only requests for additional time and thus were not privileged despite being marked 'Without Prejudice'; accordingly the Defendant's application to expunge those exhibits and related affidavit paragraphs was dismissed. The Plaintiff's summary judgment application was also dismissed and the matter was ordered to be tried fully.
19 Mar 2025

IFCI LIMITED 1. ) BISHOPGATE CAPITAL LIMITED 2. ) ARCHIPELAGO INSURANCE LIMITED

Citation

WA-22NCC-705-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-705-12/2019 (Mahkamah Tinggi)

Plaintiff proved disbursement and valid assignment of the PN and endorsement of the AIL policy; presentment at maturity was made and 1st Defendant failed to pay, creating a protracted default that crystallised insurer's indemnity obligation. Defendants having accepted jurisdiction and participated in proceedings are estopped from invoking forum/arbitration defenses; insurer's asserted cancellations/fraud/non‑payment defenses failed for want of notice, proof and because insurer had endorsed and treated policy as subsisting. Therefore judgment entered for Plaintiff against both defendants for t…
16 Jan 2025

BISHOPGATE CAPITAL LIMITED 1. ) BOSTON ASIA CAPITAL LLC 2. ) MEHAMOOD HOSEIN

Citation

WA-22NCvC-514-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-514-08/2018 (Mahkamah Tinggi)

On the documentary sequence and surrounding facts the Court concluded the remitted sum was repayment of the loan to the Plaintiff, the Defendants received and held the funds on trust for the Plaintiff and breached that trust by refusing to remit; the Defendants failed to discharge the burden to prove the funds were payment for services and the Plaintiff is entitled to USD 5.25 million plus costs.
12 Dec 2024

1. ) BLJ Commercials Pte Ltd 2. ) Chen Boon Leong 1. ) Suntruck Sdn Bhd 2. ) Chen Boon Koh 3. ) Chen Boon Keng

Citation

WA-22NCC-632-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-632-09/2024 (Mahkamah Tinggi)

The court found the Plaintiffs proved an undisputed debt of GBP357,250 by invoices, delivery documents, promissory notes and a post-dated cheque; the Defendants' claims of duress, fraud and defective goods were unsubstantiated and raised no triable issues, therefore summary judgment under Order 14 r.1 Rules of Court 2012 was appropriate and granted in favour of the Plaintiffs.
21 Jul 2023

TOP CAPITAL DEVELOPMENT SDN. BHD. 1. ) SAFEHOME ENGINEERING (M) SDN. BHD. 2. ) SAFE HOME ENGINEERING 3. ) THOO FENG KONG 4. ) THOO YEW KONG 5. ) CHOO CHUNG LOONG

Citation

BB-A52NCvC-19-02/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-A52NCvC-19-02/2022 (Mahkamah Sesyen)

The default judgment was regularly entered (valid personal service and admissions); Defendant 3 failed to demonstrate a bona fide prima facie defence or justify the nine‑month delay in seeking relief; Defendant 3 was privy to the contract and had admitted liabilities by signing documents (Promissory Note and Statutory Declaration); therefore the application to set aside the default judgment and to suspend its execution was dismissed with costs.
30 Sept 2022

PEMIUTANG PENGHAKIMAN LOK SENG PENGHUTANG PENGHAKIMAN ZULKIFLI BIN ABDUL LATIFF

Citation

WA-29NCC-298-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-298-03/2022 (Mahkamah Tinggi)

The court held that the judgment debtor is the Second Maker under the promissory note and not a guarantor; consequently the judgment creditor was entitled to issue the bankruptcy notice without first obtaining leave under sections 5(3)(b), (4), (5) and (6) of the Insolvency Act 1967. The application to set aside the bankruptcy notice was dismissed with costs subject to allocatur.
11 Sept 2019

RAMESH A/L RAJARATNAM RAVINDRAN A/L SIVASUBRAMANIAM

Citation

W-02(NCC)(W)-103-01/2018 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-103-01/2018 (Mahkamah Rayuan)

The Court affirmed the High Court: the Personal Loan document was authentic and admissible; the parties evidenced an intention that repayment would be on demand so limitation ran from the oral demand in November 2009 (making the 2015 suit timely); the earlier appellate order precluding strike-out estopped the defendant from relitigating limitation and abuse issues; the refiling did not constitute abuse of process because the earlier order was not peremptory and the defendant was bound by the earlier appellate decision; therefore the appellant's challenge failed.

Malaysia Case Law

1. ) HYDROSHOPPE SDN BHD 2. ) MENARA KUALA LUMPUR SDN BHD 1. ) MENTERI, KEMENTERIAN KOMUNIKASI (sebelum ini dikenali sebagai KEMENTERIAN PENERANGAN, KOMUNIKASI DAN KEBUDAYAAN), YB DATUK AHMAD FAHMI BIN MOHAMED FADZIL 2. ) Kerajaan Malaysia

IFCI LIMITED 1. ) BISHOPGATE CAPITAL LIMITED 2. ) ARCHIPELAGO INSURANCE LIMITED

BISHOPGATE CAPITAL LIMITED 1. ) BOSTON ASIA CAPITAL LLC 2. ) MEHAMOOD HOSEIN

1. ) BLJ Commercials Pte Ltd 2. ) Chen Boon Leong 1. ) Suntruck Sdn Bhd 2. ) Chen Boon Koh 3. ) Chen Boon Keng

TOP CAPITAL DEVELOPMENT SDN. BHD. 1. ) SAFEHOME ENGINEERING (M) SDN. BHD. 2. ) SAFE HOME ENGINEERING 3. ) THOO FENG KONG 4. ) THOO YEW KONG 5. ) CHOO CHUNG LOONG

PEMIUTANG PENGHAKIMAN LOK SENG PENGHUTANG PENGHAKIMAN ZULKIFLI BIN ABDUL LATIFF

RAMESH A/L RAJARATNAM RAVINDRAN A/L SIVASUBRAMANIAM