Malaysia Case Law: Decisions & Judgments

Topic

Stamping of documents

Legal area

Court

22 May 2023

ADEMCO SECURITY GROUP PTE.LTD. XECURETRONIX SDN. BHD

Citation

WA-A72NCvC-1616-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-1616-03/2021 (Mahkamah Majistret)

The written Project Business Loan Agreement is valid and enforceable (part performance and payment accepted), the RM91,000.00 was a loan not an investment, the Defendant breached clause 3 by failing to pay, collateral evidence about shareholdings is irrelevant and inadmissible to vary the written contract, and the Plaintiff is entitled to the principal sum with interest and costs.
20 Apr 2022

PEMPETISYEN Nad Segaram and Ow Jeong Jun for the Petitioner [Messrs Shearn Delamore & Co.] Justin Voon and Lim Shu Ting for the Respondent [Messrs Justin Voon Chooi & Wing (Kuala Lumpur]

Citation

WA-28NCC-585-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-585-08/2021 (Mahkamah Tinggi)

The court found the Settlement Agreement, coupled with the respondent's conduct and part payments, constituted an admission of the debt of RM7,138,000; the formal defects (unsigned/unstamped SA, minor affidavit wording) did not go to the root of validity and were curable; there was no bona fide substantial dispute raised contemporaneously to defeat the statutory demand; respondent unable to pay debts; petition for winding up therefore succeeded and strike-out failed.
20 Apr 2022

PEMPETISYEN Nad Segaram and Ow Jeong Jun for the Petitioner [Messrs Shearn Delamore & Co.] Justin Voon and Lim Shu Ting for the Respondent [Messrs Justin Voon Chooi & Wing (Kuala Lumpur]

Citation

WA-28NCC-585-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-585-08/2021 (Mahkamah Tinggi)

The Settlement Agreement, viewed with the parties' conduct and part payments, constituted an admission of the debt; the SA being unstamped and unsigned did not go to its validity; the respondent failed to satisfy the statutory demand and offered no bona fide substantial defence; formal defect in the affidavit was cured by Rule 197; therefore the winding-up petition must be allowed and the strike-out application dismissed.
20 Apr 2022

PEMPETISYEN Nad Segaram and Ow Jeong Jun for the Petitioner [Messrs Shearn Delamore & Co.] ustin Voon and Lim Shu Ting for the Respondent [Messrs Justin Voon Chooi & Wing (Kuala Lumpur]

Citation

WA-28NCC-585-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-585-08/2021 (Mahkamah Tinggi)

The court held there was no bona fide substantial dispute: the company's conduct and part payments amounted to acceptance/admission of the Settlement Agreement; the affidavit defect was cured by Rule 197; non-stamping did not go to the document's validity; the statutory demand remained unsatisfied within 21 days; consequently the company was unable to pay its debts and the winding up petition succeeded while the strike-out application failed.
21 Jan 2021

TANG VEE LUEN @ PHILIP TITAN ENERGY SDN BHD

Citation

WA-12ANCVC-198-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCVC-198-08/2020 (Mahkamah Tinggi)

The High Court allowed the appeal and set aside the Sessions Court's striking out order because the pleadings disclose a cause of action and there are serious conflicts of affidavit evidence and disputed factual issues (prematurity, alleged alteration of payment terms, and alleged illegality/fraud) that cannot be resolved by summary striking out; non‑stamping of the Letter Agreement is not fatal at interlocutory stage because admission can follow late stamping under s.52(1)(a); matters must proceed to trial before another Sessions Court Judge.
14 May 2020

MOHD NAZASLI BIN ABDUL AZIZ (No. K/P : 680608-14-5235) ELITE JETS SDN BHD (No. Syarikat : 842842 – T)

Citation

BA-22NCVC-386-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-386-09/2019 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 preliminary requirements and proved indebtedness for three loans by written agreement(s), post-dated cheques, credit card receipt, contemporaneous WhatsApp messages, emails and demand letters; the Defendant failed to adduce affidavit evidence establishing any bona fide triable issue or credible defence (illegality, investment character, third-party payment, non-refundable charter) supported by documents; therefore summary judgment was appropriate and entered for the Plaintiff with costs.

Malaysia Case Law

ADEMCO SECURITY GROUP PTE.LTD. XECURETRONIX SDN. BHD

PEMPETISYEN Nad Segaram and Ow Jeong Jun for the Petitioner [Messrs Shearn Delamore & Co.] Justin Voon and Lim Shu Ting for the Respondent [Messrs Justin Voon Chooi & Wing (Kuala Lumpur]

PEMPETISYEN Nad Segaram and Ow Jeong Jun for the Petitioner [Messrs Shearn Delamore & Co.] Justin Voon and Lim Shu Ting for the Respondent [Messrs Justin Voon Chooi & Wing (Kuala Lumpur]

PEMPETISYEN Nad Segaram and Ow Jeong Jun for the Petitioner [Messrs Shearn Delamore & Co.] ustin Voon and Lim Shu Ting for the Respondent [Messrs Justin Voon Chooi & Wing (Kuala Lumpur]

TANG VEE LUEN @ PHILIP TITAN ENERGY SDN BHD

MOHD NAZASLI BIN ABDUL AZIZ (No. K/P : 680608-14-5235) ELITE JETS SDN BHD (No. Syarikat : 842842 – T)