Malaysia Case Law: Decisions & Judgments

Topic

Termination clauses

Legal area

Court

24 Jul 2025

CRYSTAL CLEAR CLEANING SDN BHD AEON CO. (M) BHD

Citation

WA-22NCvC-121-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-121-02/2020 (Mahkamah Tinggi)

The termination was invalid because the Defendant failed to prove mutual agreement to terminate, failed to comply with the contract's prescribed pre-termination procedures in the annexed schedule (warnings, penalties, supporting documents), and by continuing performance after alleged breaches effectively waived the right to terminate; therefore Plaintiff entitled to contractual relief for the remaining term and costs.
20 Feb 2025

L Vince Sdn Bhd Sekolah Menengah Stella Maris (Persendirian) Kuala Lumpur

Citation

WA-12BNCvC-127-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-127-10/2024 (Mahkamah Tinggi)

The appeal is dismissed because there was no concluded renewal or termination under the original contract; the Sessions Court's findings that no consensus ad idem existed and that the plaintiff failed to strictly prove special damages and storage costs were supportable and not plainly wrong.
20 Jan 2025

PAN MALAYSIAN POOLS SDN BHD XCESS NETWORKS (M) SDN. BHD.

Citation

WA-12BNCvC-7-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-7-01/2024 (Mahkamah Tinggi)

The 2018 Agreement, read as a whole and in light of contemporaneous emails and the Third Schedule, required payments on a 'per contractual year' basis; because the Appellant accepted services into the third contractual year and did not give timely notice within the period required by the contract, it remained liable for the final quarter (1 Jan–31 Mar 2020), so the Sessions Court judgment for the Respondent is correct and the appeal is dismissed.
6 Oct 2023

BAHARUDIN BIN ABDUL LATIP 1. ) PRUDENTIAL ASSURANCE MALAYSIA BERHAD 2. ) PRUDENTIAL BSN TAKAFUL BERHAD

Citation

WA-22NCC-391-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-391-08/2022 (Mahkamah Tinggi)

The agency agreements are indefinite (operate 'until terminated') so ss 158–159 Contracts Act 1950 do not apply; the defendants validly terminated the plaintiff under the express without‑cause termination clauses (14‑day notice); the notices were not defective; therefore the plaintiff’s action is dismissed.
14 Aug 2020

1. Al Sharhan Sdn Bhd 2. Ismail bin Ali Edipro Construction & Engineering Sdn Bhd

Citation

WA-12BNCC-23-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-23-10/2019 (Mahkamah Tinggi)

The appellate court concluded on the totality of evidence that the written agreement, read as a whole, was ambiguous and more consistent with an obligation to supply and install the pilot plant than an outright transfer or sale of the formula; the Plaintiff failed to prove that disclosure of the formula to SPAN was a contractual condition or that SPAN approval was sought or withheld as a result of the Defendants' conduct; the Sessions Court had insufficiently appreciated evidence and erred in awarding RM137,561.90 and granting the declaration; ambiguities are to be resolved against the drafti…
23 Sept 2019

CENTURY SOFTWARE (MALAYSIA) SDN BHD NORTHPORT (MALAYSIA) BHD

Citation

W-02(NCVC)(W)-1110-05/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

W-02(NCVC)(W)-1110-05/2018 (Mahkamah Rayuan)

Clauses 22 and 23 must be read together; clause 23 does not create a freestanding right to terminate that defeats clause 22's cure procedure. The Defendant performed part of the contract and substantial performance occurred (evidenced by Go-Live, extensive live usage and warranty regime); there was no total failure of consideration under s.40. The Plaintiff's termination was therefore invalid and constituted a constructive breach making the Defendant entitled to the unpaid contract balance (Amount 1). The claim for Amount 2 for additional works failed for lack of agreement, invoicing and prim…

Malaysia Case Law

CRYSTAL CLEAR CLEANING SDN BHD AEON CO. (M) BHD

L Vince Sdn Bhd Sekolah Menengah Stella Maris (Persendirian) Kuala Lumpur

PAN MALAYSIAN POOLS SDN BHD XCESS NETWORKS (M) SDN. BHD.

BAHARUDIN BIN ABDUL LATIP 1. ) PRUDENTIAL ASSURANCE MALAYSIA BERHAD 2. ) PRUDENTIAL BSN TAKAFUL BERHAD

1. Al Sharhan Sdn Bhd 2. Ismail bin Ali Edipro Construction & Engineering Sdn Bhd

CENTURY SOFTWARE (MALAYSIA) SDN BHD NORTHPORT (MALAYSIA) BHD