Malaysia Case Law: Decisions & Judgments

Topic

Standard of proof (balance of probabilities)

Legal area

Court

29 Dec 2025

SUHANA BINTI AWANG 1. ) NUR SHAFEZA BINTI JAMALUDIN 2. ) NUR SAKINA BINTI SALAMAT 3. ) AFIQAH BINTI LATIP

Citation

AA-A72NCvC-116-03/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A72NCvC-116-03/2024 (Mahkamah Majistret)

Plaintiff failed to prove on the balance of probabilities that the Second Defendant retained or personally benefited from the RM60,000; mere passage of funds through the defendant's account is insufficient to establish unjust enrichment or liability; therefore claim against Second Defendant is dismissed and costs awarded to Second Defendant.
15 Jul 2025

AIDA BINTI TENGAH

Citation

T-09-71-03/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

T-09-71-03/2024 (Mahkamah Rayuan)

On the balance of probabilities the Public Prosecutor discharged the burden under Section 41 SPRM 2009 by proving a money trail from misappropriated funds to the RM115,000 purchase of the Proton X70; the appellant failed to prove lawful purchase or status as a bona fide purchaser for value without notice and alleged repayments were not proved or incapable of cleansing the tainted origin, therefore the forfeiture order is justified and must be upheld.
8 Mar 2024

Loh Meng Chin Timbalan

Citation

PB-42(Ors)-1-05/2023 (Mahkamah Tinggi)
Court

Ors
Case number

PB-42(Ors)-1-05/2023 (Mahkamah Tinggi)

Affidavits sworn by the investigator and Deputy Public Prosecutor were admissible under s41A and relevant rules; on the balance of probabilities the court was satisfied the RM28,150 was connected to an offence under s17(b) MACC Act and the appellant failed to rebut that case, therefore the Sessions Court forfeiture order was correctly made and should be affirmed.
19 Oct 2023

GEONEX (M) SDN BHD 1. ) BAYU MINING SDN BHD 2. ) OTHAMAN BIN ABDUL RAHMAN 3. ) MOHD SABRI BIN AZIZ

Citation

22NCVC-60-10/2016 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-60-10/2016 (Mahkamah Tinggi)

The court held that an implied contract existed between Plaintiff and the 1st Defendant, that Plaintiff had performed by paying tributes and conducting mining operations, that the Defendants' termination was invalid because they acted inconsistently with the agreed payment terms and had in fact received payments, and therefore Plaintiff was entitled to specific performance and costs of RM150,000.
29 Sept 2023

ESSILOR MANUFACTURING (THAILAND) CO. LTD. 1. ) [Timbalan (TPR), Jabatan Peguam Negara] 2. ) ARITSARA SRIPHAN 3. ) ARIYA PHOOPANG

Citation

RA-42K-1-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42K-1-11/2021 (Mahkamah Tinggi)

High Court allowed the appeal, admitting the Thai criminal judgment as fresh evidence and finding on the balance of probabilities that EMTC was an innocent third party under section 61(4) Act 613 and that the seized funds (USD350,000 equivalent RM1,425,000) originated from EMTC; accordingly the Sessions Court forfeiture order was set aside and the seized sum must be returned to EMTC.
28 Jun 2023

RAVI A/L LATCHUMANAH 1. ) Gunalan A/l Gopal 2. ) Yesu Steven A/l Gunalan PIHAK KETIGA LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P)

Citation

AC-A53KJ-125-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-A53KJ-125-10/2020 (Mahkamah Sesyen)

On the balance of probabilities the court found that a collision occurred involving Plaintiff's motorcycle and Defendants' motorcar and that Defendant 1 was negligent in striking Plaintiff from behind; Defendants failed to adduce rebuttal evidence; Defendant 3 failed to prove fraud or conspiracy; liability is 100% on Defendants (vicarious liability for Defendant 2 as owner) and Plaintiff is awarded damages with specified breakdown; counterclaim by insurer dismissed.
9 May 2023

XXXX LOO SENG AIK

Citation

KA-A73KJ-175-04/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KA-A73KJ-175-04/2023 (Mahkamah Majistret)

The court found the defendant's version inherently more probable, held the plaintiff failed to discharge the burden of proof on the balance of probabilities to show defendant's negligence, and therefore dismissed the plaintiff's claim with costs.
3 Feb 2023

1. ) MOHAMAD NURSHARILHAFIS BIN MD SHARIP 2. ) MUHAMMAD NAJMI BIN AZHAR YEOH LOOK MENG

Citation

AA-A53KJ-391-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A53KJ-391-10/2020 (Mahkamah Sesyen)

Court found plaintiffs failed to prove on the balance of probabilities that defendant's conduct caused the accident; witnesses for plaintiffs were inconsistent, physical damage and investigator's findings supported defendant's version that the plaintiff struck defendant from behind; accordingly liability was not established against defendant and plaintiffs' claim is dismissed with costs.
30 Sept 2022

SHAMALA DEVI A/P N.GURUNATHAN SIVANESWARAN A/L SUBRAMANIAM (selaku pemilik tunggal Wawasan Casket & Export Services)

Citation

BL-12BNCvC-1-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-1-02/2022 (Mahkamah Tinggi)

On the facts the agreement was entered into voluntarily and contained express personal undertakings by the defendant to repay the sum; therefore the defendant is personally liable despite the debt originating with the company, and the appellate court will defer to the trial court's factual findings absent clear error.
22 Aug 2022

1. ) THE ROOF HOMES SDN BHD 2. ) YAP CHUNG HAN WEE GUAN SENG

Citation

PA-A72NCvC-279-08/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-A72NCvC-279-08/2020 (Mahkamah Majistret)

On the balance of probabilities the defendant's version is more probable because exhibits D17, D18 and D19, including WhatsApp communications and payment evidence, prove a final agreement that the plaintiff owed the defendant RM48,853.80 payable in eight instalments (first instalment RM6,106.72 paid); accordingly the plaintiff's claim failed and the defendant's counterclaim succeeds.