Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Re-hearing

  • 23 Jul 2025

    PARVATHI A/P PERIAKARUPPAN AMALAN SETAR (M) SDN. BHD.

    Citation
    BA-12BNCvC-50-08/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12BNCvC-50-08/2024 (Mahkamah Tinggi)

    The deeming provision in Clause 26(3) does not operate where the purchaser was prevented from taking possession by an intervening act facilitated by a third party; the first notice did not result in deemed possession due to the renovation mix-up, but the second notice dated 22 May 2020 was valid and possession was therefore deemed on 22 June 2020, entitling the purchaser to liquidated damages from 13 January 2020 to 21 June 2020; loss of rental award adjusted to RM5,000 and costs RM5,000.

  • 18 Dec 2024

    RAHMAT BIN LING MOHD AJMAL BIN ABDUL JAMIL

    Citation
    CA-12B-2-01/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-12B-2-01/2022 (Mahkamah Tinggi)

    Where trial judge's written grounds were not produced and the judge had retired, the High Court proceeded with a rehearing on the trial record; given the trial record (witness notes, investigator's statements, photographs and diagram) established the respondent was wholly responsible for the accident, the trial court's apportionment (appellant 75% respondent 25%) was unsupported and was set aside and replaced with a finding that the respondent is 100% liable. Remittance for retrial was inappropriate due to excessive delay causing prejudice.

  • 14 Jan 2020

    Eneres Consutant The Haven Sdn Bhd

    Citation
    A52-63-12/2014 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    A52-63-12/2014 (Mahkamah Sesyen)

    The phrase 'end of action' refers to the conclusion of proceedings at the original trial in the Sessions Court; plaintiff failed to claim costs in the cause at that conclusion for the six interlocutory orders and, because the judgment was sealed and the court functus officio, the court could not grant those costs now; the plaintiff's application is therefore dismissed.