Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Remittal for damages

  • 13 Aug 2021

    A. GILBERT D’CRUZ 1. SAPURAACERGY SDN BHD 2. MAHKAMAH PERUSAHAAN MALAYSIA

    Citation
    W-01(A)-277-06/2020 (Mahkamah Rayuan)
    Court
    A
    Case number
    W-01(A)-277-06/2020 (Mahkamah Rayuan)

    Given undisputed continuous automatic renewals without breaks and considering the parties' intention, employer's conduct and nature of the work per the Federal Court test, the Court of Appeal concluded the contracts were not genuine fixed-term contracts but amounted to permanent employment; the Industrial Court erred by relying on the appellant's stated understanding of contractual wording and unsubstantiated project-based reasoning, therefore the Industrial Court Award was quashed and the matter remitted for assessment of damages.

  • 20 Jul 2020

    NBC LAND SDN BHD MAJLIS PERBANDARAN KLANG

    Citation
    B-01(NCVC)(W)-441-08/2019 (Mahkamah Rayuan)
    Court
    NCVC
    Case number
    B-01(NCVC)(W)-441-08/2019 (Mahkamah Rayuan)

    Court held the High Court erred to find the contract claim time barred because continuous correspondence and conduct between parties estopped the respondent from relying on limitation and the respondent unequivocally repudiated its obligation only when it informed the appellant it would no longer perform (operative repudiation identified in the judgment), therefore the contract cause of action was within six years; trespass and nuisance claims were dismissed because appellant failed to prove the excess use of 3.479 acres occurred after its purchase.