Malaysia Case Law: Decisions & Judgments

Topic

Sale of business

Legal area

Court

22 May 2025

POLYMER CONNECT SDN. BHD (Def 1 Tuntutan Balas) ADVENT PACKAGING SDN. BHD ( 1 Tuntutan Balas) PIHAK KETIGA 1. ) Ooi Tse Biing (Def 2 Tuntutan Balas) 2. ) Megan Ong Fong Lee ( 2 Tuntutan Balas) 3. ) Matthew Ong Xing Ren ( 3 Tuntutan Balas) 4

Citation

BA-22NCvC-99-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-99-03/2024 (Mahkamah Tinggi)

The application to re-amend was dismissed because the clarifications sought could properly and without prejudice be made by way of a reply to the counterclaim; allowing re-amendment after pleadings had closed would prejudice the defendant by necessitating refiling of defences and affect the counterclaim, causing unnecessary steps, delay and costs, and thus amounted to an improper use of the amendment procedure.
30 Apr 2025

RAVISANGAR A/L RAMAN M B RAMESH KUMAR A/L BALASUBRAMANIAM

Citation

BL-A52NCvC-53-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A52NCvC-53-06/2022 (Mahkamah Sesyen)

There was a concluded contract for sale at RM270,000 evidenced by the invoice and acceptance of staged payments totaling RM200,000 leaving RM70,000 unpaid; the plaintiff failed to prove any enforceable second agreement because it lacked consideration, certainty and corroborating evidence; accordingly plaintiff's refund claim dismissed and defendant's counterclaim for unpaid balance of RM70,000 allowed with interest and costs.
12 Mar 2025

1. ) MUHAMMAD SHAHIR BIN KHALID 2. ) MOHAMMAD RAZEEN BIN KHALID 3. ) ACTIVE8 HIM SPORTS SDN. BHD. 1. ) KO KANGMIN 2. ) HIM SPORTS SDN. BHD.

Citation

WA-12BNCvC-34-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-34-02/2024 (Mahkamah Tinggi)

On the proven facts and admitted communications there was an oral contract for sale of P2's business to D3 which was breached by failure to pay RM600,000; P1 validly elected to terminate the contract and plaintiffs proved reliance loss calculated at RM342,771; plaintiffs retained legal title to the physiotherapy equipment and proved wrongful detention entitling them to return of equipment and RM5,000; defendants failed to prove their counterclaim for losses or fiduciary breach and the counterclaim was dismissed; the Sessions Court's order striking out D3 (subparagraph 44(b)) was erroneous but…

Malaysia Case Law

POLYMER CONNECT SDN. BHD (Def 1 Tuntutan Balas) ADVENT PACKAGING SDN. BHD ( 1 Tuntutan Balas) PIHAK KETIGA 1. ) Ooi Tse Biing (Def 2 Tuntutan Balas) 2. ) Megan Ong Fong Lee ( 2 Tuntutan Balas) 3. ) Matthew Ong Xing Ren ( 3 Tuntutan Balas) 4

RAVISANGAR A/L RAMAN M B RAMESH KUMAR A/L BALASUBRAMANIAM

1. ) MUHAMMAD SHAHIR BIN KHALID 2. ) MOHAMMAD RAZEEN BIN KHALID 3. ) ACTIVE8 HIM SPORTS SDN. BHD. 1. ) KO KANGMIN 2. ) HIM SPORTS SDN. BHD.