Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Unjust enrichment / restitution

Legal area

Court

26 Aug 2021

JR JOINT RESOURCES HOLDINGS SDN BHD (COMPANY NO.: 462917-T) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)

Citation

WA-22NCC-141-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-141-03/2019 (Mahkamah Tinggi)

On the balance of probabilities the court found the impugned agreements were procured by illegitimate economic pressure and influence peddling such that they were voidable for duress and void for illegality; plaintiffs validly rescinded the agreements and are entitled to restitution (return of transferred shares) and exemplary damages; defendant’s counterclaims dismissed.
26 Aug 2021

SH YAHYA BIN SH MOHAMED (NRIC NO. 530327-01-6257) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)

Citation

WA-22NCC-268-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-268-05/2019 (Mahkamah Tinggi)

Impugned Agreements were induced by illegitimate economic pressure and influence peddling by the Defendant's principal, rendering the agreements voidable for duress and void for illegality under public policy; plaintiffs validly rescinded and are entitled to restitution of the transferred shares for unjust enrichment and to exemplary damages (RM500,000 each plaintiff); defendant's counterclaims dismissed.