Malaysia Case Law: Decisions & Judgments

Topic

Third party charge

Legal area

Court

4 Feb 2025

FOTOPOP (M) SDN BHD LOW SHU NYOK

Citation

BA-24NCvC-1553-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-1553-12/2021 (Mahkamah Tinggi)

Plaintiff failed to prove actual loss or causal nexus between the defendant's private caveats and the claimed expenses; the claimed amounts were incurred by related companies and not the plaintiff, were not shown to be reasonably foreseeable, and solicitor-client fees claimed were not recoverable; accordingly only nominal damages are appropriate. The court awarded nominal damages of RM10,000 to the plaintiff and ordered the plaintiff to pay defendant's costs of RM5,000.
31 Jul 2024

AMBANK (M) BERHAD 1. ) CSTME RESOURCES SDN BHD 2. ) IMPIANA ALAMJAYA SDN BHD 3. ) ALBERT TAN YEAN HEONG 4. ) WAN AHMAD KAMAL BIN MOHD RASDI

Citation

WA-22NCC-265-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-265-05/2023 (Mahkamah Tinggi)

Plaintiff fulfilled Order 14 prerequisites and produced a contractually authenticated certificate of indebtedness which is conclusive absent pleaded and evidenced manifest error; defendants failed to plead or adduce affidavit evidence of any bona fide triable issue or manifest error, relied on bare denials and late arguments from counsel, and foreclosure did not preclude the in personam claim; combined with defendants' admissions and res judicata from foreclosure, summary judgment for the plaintiff was appropriate.
14 May 2024

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

Citation

WA-22NCC-183-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-183-04/2023 (Mahkamah Tinggi)

Defendants failed to demonstrate special circumstances for an unconditional stay; balancing interests, a conditional stay protecting both parties is appropriate; accordingly the court granted a stay of execution pending disposal of the appeals provided the defendants jointly or severally deposit the principal judgment sum of RM31,776,003.47 with the 1st defendant's solicitors as stakeholders within 14 days, preserving plaintiff's right to recover if appeals fail while protecting defendants during appeal.
26 Aug 2021

ZECON CAPITAL VENTURES SDN BHD AFFIN HWANG INVESTMENT BANK BERHAD

Citation

Q-02(A)-1787-09/2019 (Mahkamah Rayuan)
Court

A
Case number

Q-02(A)-1787-09/2019 (Mahkamah Rayuan)

The Court of Appeal found the High Court erred in law by applying the 'cause to the contrary' test from NLC s256 instead of the correct SLC s148 'as in the circumstances seems just' test. On the evidence, including contemporaneous letters, the charge was induced by misrepresentation/undue influence and there was total failure of consideration; the respondent's conduct was unconscionable. Therefore it was not just to order sale and the High Court order for sale was set aside with costs to the appellant.
25 Aug 2020

KBH Marine Industry Sdn Bhd (Company No. 508132-H) 2. Sin Soon Hock Sdn Bhd (Company No. 198240-P 1. Pioneer Conglomerate Sdn Bhd (Company No. 886292-X) 2. Chin Swee Chong (NRIC No. 770515-07-6049) 3. Tan Poo Chuan (NRIC No. 570306-02-5847)

Citation

PA-22NCvC-74-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-74-05/2018 (Mahkamah Tinggi)

Applying Order 24 and established authorities the court found the plaintiffs had shown the requested documents were relevant and necessary for fair disposal and not merely fishing; accordingly discovery orders were granted (subject to exclusions for some documents not ordered) because the documents related to pleaded issues (fraud, tracing, share transfers, loan utilisation) and were material to the claims and defences.

Malaysia Case Law

FOTOPOP (M) SDN BHD LOW SHU NYOK

AMBANK (M) BERHAD 1. ) CSTME RESOURCES SDN BHD 2. ) IMPIANA ALAMJAYA SDN BHD 3. ) ALBERT TAN YEAN HEONG 4. ) WAN AHMAD KAMAL BIN MOHD RASDI

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

ZECON CAPITAL VENTURES SDN BHD AFFIN HWANG INVESTMENT BANK BERHAD

KBH Marine Industry Sdn Bhd (Company No. 508132-H) 2. Sin Soon Hock Sdn Bhd (Company No. 198240-P 1. Pioneer Conglomerate Sdn Bhd (Company No. 886292-X) 2. Chin Swee Chong (NRIC No. 770515-07-6049) 3. Tan Poo Chuan (NRIC No. 570306-02-5847)