Malaysia Case Law: Decisions & Judgments

Topic

Turquand rule (indoor management)

Legal area

Court

22 Aug 2025

FGV PRODATA SYSTEMS SENDIRIAN BERHAD 1. ) NEC CORPORATION OF MALAYSIA SENDIRIAN BERHAD 2. ) NEC CAPITAL SOLUTIONS MALAYSIA SENDIRIAN BERHAD PIHAK KETIGA Shinryu Co Sdn Bhd

Citation

WA-22NCC-139-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-139-03/2023 (Mahkamah Tinggi)

On the balance of probabilities the court found delivery occurred to the contractual recipient Hualang at the Maju Intan Plant as evidenced by the Shinryu delivery order signed and stamped by Hualang, the plaintiff's own contemporaneous packing list/checklist/certificate of completion and, critically, the plaintiff CEO's email confirming personal verification; therefore representations were not false, plaintiff did not rely on false representations, plaintiff is estopped by its conduct and delay, the misrepresentation claims fail, the HPA remains valid, the 2nd Defendant's counterclaim lacked…
14 Dec 2023

SOCIETE GENERALE, SINGAPORE BRANCH PEMILIK-PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL SEA CORAL DARI PELABUHAN COOK ISLANDS

Citation

WA-27NCC-115-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-115-11/2020 (Mahkamah Tinggi)

Court held that An Zhong Shipping (registered owner) has locus to intervene under O.70 r.16(1) even though the arrest/proceeds are in a separate arrest suit and despite a default judgment; discretion to permit post‑judgment intervention exists and was exercised to grant leave. However, the Court dismissed the application to set aside the default judgment because AZS failed to demonstrate a prima facie meritorious defence: HLT (through its directors) had represented and treated the bills as valid to induce banks, invoking estoppel and judicial estoppel; Turquand and Duomatic principles support…
14 Dec 2023

SOCIETE GENERALE, SINGAPORE BRANCH PEMILIK-PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL SEA CORAL DARI PELABUHAN COOK ISLANDS

Citation

WA-27NCC-114-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-114-11/2020 (Mahkamah Tinggi)

Leave to intervene under O.70 r.16(1) was granted because AZS, as registered owner, has a direct interest in the vessel/proceeds and may defend the in rem claim; however AZS’s application to set aside the default judgment was dismissed because AZS failed to demonstrate a prima facie meritorious defence—HLT/AZS were estopped from alleging the bill of lading was unauthorised or fabricated given admissions and conduct, Turquand’s rule allowed SG to rely on the B/L, and the interim reports were preliminary and insufficient to rebut SG’s case.
10 Aug 2023

WRP ASIA PACIFIC SDN BHD 1. ) LEE SON HONG 2. ) LEE SOON KHIM

Citation

WA-22NCC-53-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-53-01/2020 (Mahkamah Tinggi)

The court found the 1st Defendant breached his duty to disclose his relationship with the 2nd Defendant but the Plaintiff failed to prove any loss or that the 1st Defendant benefited; the Canteen Operations Agreement was valid and enforceable (s64 CA 2016 and Turquand rule apply) and not rendered void by non-disclosure alone where no loss or bad faith by the third party is shown; the Plaintiff's termination was wrongful and the 2nd Defendant’s counterclaim was allowed in part, with orders for declaration of wrongful termination, refund of deposit (if any), assessment of general damages and re…
8 Nov 2021

LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SENDIRIAN BERHAD (NO. SYARIKAT : 866451-K) ASHLEY ALEXANDER MUSGRAVE (NO. PASSPORT : 548379842)

Citation

WA-22NCVC-651-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-651-10/2020 (Mahkamah Tinggi)

The High Court held that the consent Award Persetujuan entered on 07.09.2020 must be respected and cannot be set aside on the sole ground of internal company management or alleged lack of mandate where the opposing party dealt with the company in good faith and there are no allegations of fraud, mistake or misrepresentation; accordingly the defendant's application (Lampiran 24) to strike out the writ and statement of claim was allowed.

Malaysia Case Law

FGV PRODATA SYSTEMS SENDIRIAN BERHAD 1. ) NEC CORPORATION OF MALAYSIA SENDIRIAN BERHAD 2. ) NEC CAPITAL SOLUTIONS MALAYSIA SENDIRIAN BERHAD PIHAK KETIGA Shinryu Co Sdn Bhd

SOCIETE GENERALE, SINGAPORE BRANCH PEMILIK-PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL SEA CORAL DARI PELABUHAN COOK ISLANDS

SOCIETE GENERALE, SINGAPORE BRANCH PEMILIK-PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL SEA CORAL DARI PELABUHAN COOK ISLANDS

WRP ASIA PACIFIC SDN BHD 1. ) LEE SON HONG 2. ) LEE SOON KHIM

LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SENDIRIAN BERHAD (NO. SYARIKAT : 866451-K) ASHLEY ALEXANDER MUSGRAVE (NO. PASSPORT : 548379842)