Malaysia Case Law: Decisions & Judgments

Topic

Unequal bargaining power

Legal area

Court

2 Sept 2024

Kerajaan Malaysia PDS TRAINING CAMP SDN BHD

Citation

N-01(NCvC)(W)-324-06/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

N-01(NCvC)(W)-324-06/2023 (Mahkamah Rayuan)

Clause 36, properly construed, is a lawful termination-for-convenience provision invoked in the national interest; clause 36.3 excludes consequential losses arising from termination but does not absolutely restrain enforcement of accrued contractual entitlements and therefore does not violate s.29 or s.24 Contracts Act 1950 or Article 8; the High Court erred in invalidating clause 36 and in finding unequal bargaining power sufficient to void it.
21 Aug 2024

TT DOTCOM SDN BHD YTL COMMUNICATIONS SDN BHD

Citation

WA-22NCvC-226-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-226-04/2024 (Mahkamah Tinggi)

The court exercised its inherent jurisdiction to grant a stay because the plaintiff commenced proceedings in breach of an agreed dispute resolution clause; Condition 12 does not offend Contracts Act 1950 s29 as it is not an absolute restriction and does not offend s24 public policy because the parties were of equal bargaining power; accordingly the stay was warranted and granted.
12 May 2022

BAGAI BUDI SDN BHD Kerajaan Malaysia

Citation

WA-21NCvC-4-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-4-01/2020 (Mahkamah Tinggi)

Clause 36 was invalid and inapplicable because the Defendant failed to specify the required factual reason for conditional termination and the clause attempted to oust judicial remedies in breach of section 29 Contracts Act 1950; accordingly the termination was void and the Plaintiff is entitled to expected contract revenue to the contract's end and to proven special damages for upgrades and temporary closure.

Malaysia Case Law

Kerajaan Malaysia PDS TRAINING CAMP SDN BHD

TT DOTCOM SDN BHD YTL COMMUNICATIONS SDN BHD

BAGAI BUDI SDN BHD Kerajaan Malaysia