Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Small claims procedure

  • 2 Sept 2025

    MOHAMAD EZZAT BIN MOHAMAD ISMAIL KAMARUL ZAMAN BIN KADER MAIDIN

    Citation
    KA-A77-5-04/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    KA-A77-5-04/2025 (Mahkamah Majistret)

    Plaintiff failed to discharge the burden of proof on the balance of probabilities to show both causation and the precise quantum of loss (RM3,142.20); absence of detailed calculations, supporting invoices/payments and failure to tender the contractor quotation as exhibit rendered the claimed amount unproven; claim therefore dismissed with costs under Rule 93.

  • 2 Mar 2020

    Tan Chin Siong Bayu Bumimas Sdn Bhd

    Citation
    JG-A77-09-10-2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JG-A77-09-10-2019 (Mahkamah Majistret)

    The closest nexus to the dispute is Sabah because the plaintiff worked there, the alleged unpaid wages accrued there and payroll was administered there; the defendant's place of business is in Sabah; a Magistrates' Court in Malaya (Kluang) cannot transfer the proceeding to Sabah; therefore the proper forum is the Magistrates' Court in Sabah and the Kluang claim is dismissed with liberty to refile in Sabah; no costs awarded given small claims context and dismissal for forum non conveniens rather than on merits.