Malaysia Case Law: Decisions & Judgments

Topic

Without prejudice

Legal area

Court

25 Mar 2024

1. ) TETUAN EMMA & AZIMAH 2. ) NOOR AZIMAH BINTI WAZI JERAM REALTY SDN BHD

Citation

BA-12ANCvC-129-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-129-11/2022 (Mahkamah Tinggi)

The court held the appellants failed to establish triable issues: the purported consent letter did not clearly authorise deduction of subsequently produced invoices, those invoices were raised only after the respondent's claim and amounted to bare assertions/afterthoughts, and settlement negotiations did not negate the respondent's clear entitlement to the sale proceeds; accordingly summary judgment below was properly granted and must be affirmed.
15 Nov 2022

TEOH KOK SENG 1. ) HEESLAND SDN BHD 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

Citation

P-01(A)-44-01/2022 (Mahkamah Rayuan)
Court

A
Case number

P-01(A)-44-01/2022 (Mahkamah Rayuan)

On the balance of probabilities the Court of Appeal found the delays were caused by the developer and its solicitors (agents of the developer), the tribunal's award blaming the appellant was irrational and procedurally flawed, the learned High Court judge improperly relied on 'without prejudice' settlement materials, and the LPI claim was premature; accordingly the Court allowed the appeal, set aside the tribunal award and High Court decision and held the appellant not liable for the LPI.
28 Jul 2021

FANUC SDN BHD (Company No. 165601-T) 1. ADENLAND (CHERAS) SDN BHD (Company No. 895197-H) 2. PRESTASI INFRA BINA SDN BHD (Company No.989966-M)

Citation

W-02(NCVC)(W)-1268-07/2019 (Mahkamah Rayuan)
Court

NCVC
Case number

W-02(NCVC)(W)-1268-07/2019 (Mahkamah Rayuan)

On the facts the Court of Appeal held D2 was D1's agent and that D1 was liable for D2's trespass because D1 participated in and acquiesced to the wrongful excavation: D1 failed to supervise as required, produced no evidence from its supervising engineer or clerk of works, paid D2 in full after notice of trespass and later awarded D2 further work — conduct amounting to assent/ratification; the independent contractor defence was not pleaded and could not be relied upon to absolve D1; adverse inference drawn for non‑calling key witnesses; plaintiff entitled to special damages, value of earth, re…

Malaysia Case Law

1. ) TETUAN EMMA & AZIMAH 2. ) NOOR AZIMAH BINTI WAZI JERAM REALTY SDN BHD

TEOH KOK SENG 1. ) HEESLAND SDN BHD 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

FANUC SDN BHD (Company No. 165601-T) 1. ADENLAND (CHERAS) SDN BHD (Company No. 895197-H) 2. PRESTASI INFRA BINA SDN BHD (Company No.989966-M)