Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Undue influence (contracts act s16)

Legal area

Court

4 Nov 2025

MAK HON LEONG 1. ) KIRKLEY TEH YEE BEN 2. ) WANG PHANG YEE

Citation

WA-22NCC-254-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-254-04/2025 (Mahkamah Tinggi)

Defendant executed and acknowledged the loan agreement; contemporaneous documents (deposit records, indemnity agreement) corroborate full payment; defendant's defences are bare, inconsistent and contradicted by documents and therefore do not raise triable issues under Order 14; summary judgment entered for plaintiff for outstanding RM1,467,116 with interest and costs.
24 Apr 2024

Ismail Khoo & Associates (sebagai sebuah firma guaman) Yeoh Yih Terk PENCELAH VISENTAK SDN BHD

Citation

PA-24NCvC-774-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-774-08/2022 (Mahkamah Tinggi)

The court found the two Retainers and the Warrant to Act constituted a valid written agreement under s116 LPA, were not tainted by undue influence, and were not contingency fee arrangements prohibited by s112; exercising its s118 discretion the court held the agreement fair and reasonable but amended the quantum, reducing the total payable from RM600,000 to RM450,000 (RM300,000 + RM150,000), and ordered interest at 5% p.a. from 18.8.2022, SST equivalent of 6% (RM27,000) and costs of RM30,000.