Malaysia Case Law: Decisions & Judgments

Topic

Termination for breach

Legal area

Court

30 Apr 2026

1. ) OISHII WASABI SDN BHD 2. ) TAN DEE HON 3. ) TAN LEE TING TOPZ SDN BHD

Citation

WA-22NCvC-656-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-656-11/2023 (Mahkamah Tinggi)

The written Tenancy Agreement, containing an 'as is where is' delivery term and an entire agreement clause, governs the parties' rights; parol evidence of alleged oral promises to alter delivery condition was inadmissible, the Landlord validly exercised its contractual discretion to fix the commencement date as 1.10.2022, the Tenant's unilateral termination was ineffective and constituted a material breach, entitling the Landlord to forfeiture of deposits, recovery of RM1,295,000 for the unexpired term with contractual interest, and enforcement of the Personal Guarantees.
2 Apr 2026

POWER KK RESOURCES SDN BHD 1. ) PEARL AMRIN SDN BHD 2. ) HAMDAN BIN MOHAMED DALI 3. ) PEARL AMRIN ENTERPRISE

Citation

JA-22NCvC-26-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-26-02/2021 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff admitted non-payment from May 2020 while continuing extraction and breached depth and rehabilitation obligations; D1 validly terminated the Agreement under Clause 8 or s40 Contracts Act; the RM2.1 million deposit may be retained to meet rehabilitation and related costs and the RM1.4 million ganti pokok has been repaid by deductions and is not refundable; corporate veil not lifted; counterclaim for RM190,204.80 allowed; quantum of any rehabilitation costs beyond retained deposits to be assessed.
13 Jan 2026

1. ) PEMBINAAN LERCAST SDN. BHD 2. ) LERCAST ALDEWAY SDN. BHD. CHEK SAM BINTI SALLEH

Citation

P-02(NCvC)(W)-1311-08/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(W)-1311-08/2024 (Mahkamah Rayuan)

The Court of Appeal allowed the appeal, finding the High Court had erred in some factual appreciation but concluded the Project was no longer viable; applying its statutory powers under s69(4) Courts of Judicature Act 1964 the court declared the Joint Venture Agreement, Supplementary Agreement, Manager Agreement and Power of Attorney terminated forthwith, varied the High Court judgment accordingly and made consequential orders (return of title, removal of caveat, refund of the specified deposit, no damages awarded and parties to bear their own costs). The Supplemental Agreement's mutual termi…
5 Jan 2026

OASIS TEAM SDN BHD 1. ) STAR LABS BIOSCIENCE SDN BHD 2. ) P'ng Aik Fong

Citation

BA-22NCC-137-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-137-11/2021 (Mahkamah Tinggi)

The Defendants materially breached the Business Agreement by denying access and permitting unauthorised use, failed to remedy breaches within the 14-day period under Clause 7.3 causing automatic termination; the Plaintiff is therefore entitled to refund RM500,000 and the agreed RM2,000,000 liquidated damages under Clause 7.3 and Section 75 Contracts Act 1950; the Defendants’ contempt and failure to purge deprived them of the right to be heard, leaving the Plaintiff's evidence unrebutted.
19 Dec 2025

1. ) LIM KHAI GUAN 2. ) LOH SIOW PENG CHERISH WORDS SDN BHD

Citation

WA-24NCC-325-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-325-06/2025 (Mahkamah Tinggi)

The court held that the Defendant materially breached the SSA by failing to transfer the CNA shares and that the Plaintiffs did not prevent performance by failing to provide a CDS account; the CDS requirement was a mechanical requirement and not a substantive reciprocal promise, the SSA was validly terminated after the cure period lapsed, and therefore the Originating Summons was allowed and the Plaintiffs were entitled to the relief sought and costs.
19 Nov 2025

CARBON PAPER & RIBBON CO. SDN BHD WFN AUTO SDN BHD

Citation

BA-A52-83-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A52-83-08/2023 (Mahkamah Sesyen)

Although the Defendant committed breaches making termination under Clause 10.1.1 contractually available, the Plaintiff's subsequent conduct—accepting post-termination payments, failing to give a clear and reasonable notice to quit and delaying re-entry/mitigation—amounted to tacit approval or created equitable estoppel; as a result the Court exercises its discretion under s.28(4)(a) CLA and dismisses the Plaintiff's claim for double rental while upholding the validity of the termination; security deposit to be applied to proven restoration/utilities and balance retained by Plaintiff subject…
12 Jun 2025

YEE WING KIONG 1. ) ERA UNIVERSE DEVELOPMENT SDN. BHD. 2. ) MARSLAND DEVELOPMENT SDN. BHD.

Citation

JA-22NCvC-118-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-118-09/2024 (Mahkamah Tinggi)

The court held that the SPAs unambiguously required delivery of issue documents of title 'forthwith' upon receipt of full purchase monies; the Defendants failed to do so for about 17 months, constituting a material breach; the Second Defendant, being a signatory and registered proprietor, is contractually bound and liable; no genuine triable issues were raised that would require a trial; consequently summary judgment was appropriate and the Plaintiff is entitled to termination and restitution of monies paid.
12 Mar 2025

1. ) MUHAMMAD SHAHIR BIN KHALID 2. ) MOHAMMAD RAZEEN BIN KHALID 3. ) ACTIVE8 HIM SPORTS SDN. BHD. 1. ) KO KANGMIN 2. ) HIM SPORTS SDN. BHD.

Citation

WA-12BNCvC-34-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-34-02/2024 (Mahkamah Tinggi)

On the proven facts and admitted communications there was an oral contract for sale of P2's business to D3 which was breached by failure to pay RM600,000; P1 validly elected to terminate the contract and plaintiffs proved reliance loss calculated at RM342,771; plaintiffs retained legal title to the physiotherapy equipment and proved wrongful detention entitling them to return of equipment and RM5,000; defendants failed to prove their counterclaim for losses or fiduciary breach and the counterclaim was dismissed; the Sessions Court's order striking out D3 (subparagraph 44(b)) was erroneous but…
21 Nov 2024

MAJLIS PERBANDARAN KUBANG PASU SELEKSI BAHAGIA SDN BHD

Citation

KA-22NCvC-38-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-38-05/2021 (Mahkamah Tinggi)

The written agreements establish a lease requiring monthly rent of RM10,000; defendant breached that obligation and validly received a termination notice for non-payment; Clause 2.0 only entitles compensation on ordinary expiry, not on termination for breach, and unjust enrichment cannot be invoked to override the parties' express contractual allocation of rights and risks; therefore plaintiff is entitled to arrears, ongoing rent, contractual late charges and costs while defendant's counterclaim fails.
26 Sept 2024

BOND HOLDINGS SDN BHD 1. ) SYCAL BERHAD 2. ) SYCAL ICC PROPERTIES SDN BHD

Citation

WA-22NCvC-590-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-590-10/2022 (Mahkamah Tinggi)

Although Bond breached by failing to raise the full RM20,000,000, Sycal admitted receipt of RM18,816,000 (94.08%) which enriched Sycal at Bond's expense; Bond's unjust enrichment claim succeeds for the shortfall equivalent to 94.08% of its contractual entitlement (RM9,946,389.46 → RM9,357,563.20) less amounts already received (RM6,773,738.99) resulting in RM2,583,824.21 payable, with Sycal's termination held valid and Sycal awarded certain declaratory reliefs in its counterclaim.