Malaysia Case Law: Decisions & Judgments

Topic

Section 73 contracts act 1950

Legal area

Court

28 Oct 2025

SKS Credit Sdn Bhd 1. ) Chin Lin Sheng 2. ) LOW KHIM JOO

Citation

JA-12BNCvC-11-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-11-07/2024 (Mahkamah Tinggi)

The appeal was allowed because the Sessions Court was wrong to infer an implied undertaking where the defendant had expressly refused any undertaking and the payer acted with full knowledge; the Prohibitory Order had lapsed under section 338(5) NLC and did not impose a duty on the chargee to procure its removal; written authority showed the solicitor acted for the Chargor; accordingly there was no contractual or restitutionary basis to require refund and the Sessions Court's judgment was set aside.
28 Oct 2025

SOO YEN SIONG (Sebagai Pentadbir Harta Pusaka Soo Kok Peng, (Si Mati)) LIM POH LENG (Berniaga di atas Nama dan Gaya MK Global Marketing)

Citation

WA-A52NCvC-674-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-674-08/2023 (Mahkamah Sesyen)

Plaintiff failed to discharge the legal burden of proving that the RM300,000 payment was made by mistake or that Defendant was unjustly enriched or aware of any fraud; documentary and oral evidence supported that the payment was a repayment to the director (deceased) and legitimate; therefore no constructive trust or restitution arose and the claim was dismissed with costs to Defendant.
27 Nov 2024

Hong Leong Assurance Bhd Phun Yoon Hoon

Citation

WA-A72NCC-29549-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCC-29549-08/2023 (Mahkamah Majistret)

The Court held the payment was not a payment 'by mistake' within s.73 because the Plaintiff intended the recipient and the amount paid matched the Plaintiff’s communicated settlement; restitution under money had and received was not available because the Defendant received the payment in good faith without knowledge of any taint and the settlement was a discretionary goodwill offer forming a binding agreement once accepted; accordingly both the Plaintiff's claim for repayment and the Defendant's counterclaim for harassment were dismissed.

Malaysia Case Law

SKS Credit Sdn Bhd 1. ) Chin Lin Sheng 2. ) LOW KHIM JOO

SOO YEN SIONG (Sebagai Pentadbir Harta Pusaka Soo Kok Peng, (Si Mati)) LIM POH LENG (Berniaga di atas Nama dan Gaya MK Global Marketing)

Hong Leong Assurance Bhd Phun Yoon Hoon