Malaysia Case Law: Decisions & Judgments

Topic

Unclean hands

Legal area

Court

31 Oct 2025

1. ) AHMAD SAHRIN BIN HUSSIN 2. ) AHMAD ZULFAISAL BIN JAMALUDIN 1. ) MUHAMMAD BIN ABDULLAH 2. ) AZMARK HOLDINGS SDN BHD

Citation

BA-22NCvC-404-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-404-10/2024 (Mahkamah Tinggi)

The injunction was refused and the appeal dismissed because the plaintiffs failed to disclose a bona fide serious question to be tried, lacked locus standi as they had divested their interests, damages were an adequate remedy, the balance of convenience favoured the defendants, and equitable discretion should not be exercised in the plaintiffs' favour given omissions amounting to unclean hands.
1 Oct 2025

PEMPETISYEN ANG JIMMY TJUN MIN 1. ) TJIANG GIOK MOY 2. ) ANG EILEEN 3. ) SRI SKUDAI SDN. BHD.

Citation

JA-28NCC-200-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-200-12/2024 (Mahkamah Tinggi)

The interim liquidator order was set aside because the petitioner failed to make full and frank disclosure material to the ex parte application and did not establish the prima facie threshold of urgency, risk of asset dissipation or other exceptional circumstances; the balance of convenience favored the respondents and the appointment caused disproportionate prejudice.
23 Apr 2025

TAN CHEE HOE KALIAMAH A/P SUBRAMANIAM

Citation

BA-12BNCvC-35-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-35-06/2024 (Mahkamah Tinggi)

The High Court held that the SPA had been finalized and was only awaiting signatures; equity entitled the appellant to specific performance but, because the SPA was conditional and the appellant had occupied rent-free and the parties contemplated re-deposit, specific performance was granted subject to the appellant re-depositing RM70,000.00 with her solicitors within seven days and obtaining housing board approval within fourteen days, and vacant possession must be returned to the respondent if the SPA is not concluded within six months.
21 Apr 2025

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

Citation

WA-22NCC-332-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-332-05/2024 (Mahkamah Tinggi)

The court struck out the writ and amended statement of claim because on the affidavit and contemporaneous documentary evidence the plaintiffs' allegation of a sham was unsustainable: plaintiffs had effectively admitted conduct inconsistent with a sham yet produced no internal supporting documents; post-acquittal conduct and full payment by instalments corroborated a genuine sale; the claim was frivolous/vexatious or disclosed no reasonable cause of action under Order 18 r 19 and relief was refused due to illegality/unclean hands; interlocutory injunction was set aside; costs awarded.
6 Feb 2025

MAH SEONG HUAK GAN WEE PENG

Citation

BA-22NCC-193-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-193-10/2024 (Mahkamah Tinggi)

Court found there are serious issues to be tried on non-fulfilment of the condition precedent and premature transfer; damages may be inadequate; balance of convenience favors granting interlocutory relief to preserve the Shares and their value, but only upon Plaintiff giving the usual undertaking as to damages and an additional undertaking to indemnify EVD Land for any loss caused by the injunction; accordingly interlocutory injunctions were granted subject to those undertakings and with costs in the cause.
29 Jun 2021

1. LIM YON PIN 2. LIM YON JIAN GLX AUTO MART SDN. BHD.

Citation

KA-28NCC-49-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-28NCC-49-12/2020 (Mahkamah Tinggi)

On the balance of probabilities the respondent proved the petitioners engaged in misconduct (misappropriation of funds, misuse of company premises, obstruction of accounting records and breach of an Anton Piller order) such that the petitioners did not come to court with clean hands; under Ebrahimi this equitable defence defeats a just and equitable winding up claim, therefore the petition must be dismissed.
23 Jul 2020

SYNERGY PROMENADE SDN. BHD [Company No.: 516984-D] 1. FELDA INVESTMENT CORPORATION SDN BHD [Company No.: 1052445-A] 2. FEDERAL LAND DEVELOPMENT AUTHORITY

Citation

WA-22NCVC-477-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-477-07/2019 (Mahkamah Tinggi)

Summary judgment was refused and the application dismissed because the Defendants established serious triable issues: credible allegations of fraud, conspiracy and backdating; material disputes over execution sequence, POA, sale/lease transactions and absence of Ministerial approval under the Land Development Act raising potential illegality; and limitation/PAPA issues. The matters require full trial and viva voce evidence before any order for specific performance can be made.
23 Jan 2020

Ra Ta Land Sdn. Bhd. Iskandar Harta Holdings Sdn. Bhd.

Citation

WA-22NCVC-557-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-557-08/2019 (Mahkamah Tinggi)

The application to strike out is allowed because the issues and cause of action concerning the validity of termination and the forfeiture/return of the deposit were raised or were within the scope of the 2014 suit and were finally adjudicated (and affirmed on appeal); res judicata and abuse of process bar the present claim, so it is struck out with costs RM10000.00 payable by Plaintiff to Defendant.