Malaysia Case Law: Decisions & Judgments

Topic

Restitution under contracts act

Legal area

Court

7 Nov 2024

1. ) ONG PAH KIAN 2. ) TEE JEN TONG 1. ) KOKELAVANEI A/P KUNJOO 2. ) SUREN A/L SREEDHARAN

Citation

BA-22NCvC-266-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-266-05/2018 (Mahkamah Tinggi)

Court found on the balance of probabilities that the SPA, Power of Attorney, Trust Deed and Form 14A were a façade for an unlicensed moneylending transaction rather than a genuine sale; as the agreement was illegal and unenforceable under Moneylenders Act 1951 s15 and void under Contracts Act 1950 s24, restitution was unavailable to the plaintiffs; accordingly the plaintiffs' claim was dismissed and the defendants' counterclaim allowed restoring title to the 1st Defendant.
23 Jul 2021

1. MAPLE AMALGAMATED SDN.BHD 2. LIEW HON KONG @ LIEW KWAN VOON BANK PERTANIAN MALAYSIA BERHAD

Citation

02(f)-54-09/2020(A) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-54-09/2020(A) (Mahkamah Persekutuan)

The Federal Court held that the BBA Asset Purchase and Asset Sale Agreements did not amount in form or substance to a ‘transfer, conveyance or disposal’ within section 214A of the National Land Code; given the purpose of s214A to prevent fragmentation and dispossession of estate land and the need to favor commercially sensible constructions absent clear legislative intent, the BBA transaction is valid and enforceable and the registered charge stands; appeal dismissed.
18 Aug 2020

PRUDENTIAL CORPORATION HOLDINGS LIMITED & ORS DETIK RIA SDN. BHD. & ORS

Citation

WA-24NCC-479-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-479-09/2019 (Mahkamah Tinggi)

The CPOA, SCPOA and related memoranda were conditional contracts governed by express conditions precedent (including BNM approval), and therefore not illegal or void ab initio; once BNM approval was obtained the agreements became enforceable, the defendants having accepted substantial payments and acted consistently are estopped from denying the agreements, there was no operative mutual mistake, and the plaintiffs are entitled to the declaratory and injunctive reliefs sought (except indemnity costs claim).

Malaysia Case Law

1. ) ONG PAH KIAN 2. ) TEE JEN TONG 1. ) KOKELAVANEI A/P KUNJOO 2. ) SUREN A/L SREEDHARAN

1. MAPLE AMALGAMATED SDN.BHD 2. LIEW HON KONG @ LIEW KWAN VOON BANK PERTANIAN MALAYSIA BERHAD

PRUDENTIAL CORPORATION HOLDINGS LIMITED & ORS DETIK RIA SDN. BHD. & ORS