Malaysia Case Law: Decisions & Judgments

Topic

Account and inquiry

Legal area

Court

29 Jan 2026

PERAK INTEGRATED NETWORK SERVICES SDN BHD 1. ) PINS OSC & Maintenance Services Sdn. Bhd. 2. ) URBAN DOMAIN SDN BHD

Citation

03-5-08/2024(W) (Mahkamah Persekutuan)
Court

W
Case number

03-5-08/2024(W) (Mahkamah Persekutuan)

The Federal Court held that the subsequent winding up of OSC after the liability judgment is not a relevant event that limits the period for assessment of quantum (Appeals 5 and 6 dismissed), but the liability judgment must be interpreted in its factual matrix and consistent with contractual and compensatory principles such that costs and expenses incurred in generating revenue are deductible in the account and inquiry; accordingly Appeal 26 is allowed and the matter is remitted for reassessment of quantum allowing those deductions.
16 Jul 2025

1. ) GOLDEN PLUS HOLDINGS BERHAD 2. ) GOLDEN PLUS CONSTRUCTION SDN BHD 3. ) GOLDEN PLUS (BVI) PTE LTD 4. ) SRI SERDANG SDN BHD 5. ) PARADIZE BAZAAR SDN BHD 6. ) VENICE HEIGHTS SDN BHD 7. ) HANPOPULAR SDN BHD 8. ) YANFULL INVESTMENTS LIMITED

Citation

WA-22NCC-605-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-605-12/2020 (Mahkamah Tinggi)

The 12th Defendant's application for a stay of execution is allowed because she established special circumstances: the judgment sum is extraordinarily large (>RM135 million), she lacks funds and would face forced liquidation and real risk of bankruptcy rendering the appeal nugatory, multiple plaintiffs are incorporated in foreign jurisdictions without reciprocal enforcement (BVI, China, Hong Kong) creating a real risk of non-recovery if monies leave Malaysia, pending winding-up proceedings against the 1st Plaintiff increase uncertainty, and the stakeholder proposal is inadequate; balancing th…
7 Dec 2023

URBAN DOMAIN SDN. BHD. PINS OSC & MAINTENANCE SERVICES SDN BHD

Citation

W-03(IM)(NCC)-69-07/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-03(IM)(NCC)-69-07/2022 (Mahkamah Rayuan)

The Court held that the liability period is governed by Clause 8.1.1 of the Management Agreement and the Liability Judgment (i.e. from 21.5.2007 until the expiry of the Licence Period stated in the last Work Order). The High Court erred in limiting the period by reference to PINS OSC's winding‑up because the issue was not properly raised on appeal and PINS cannot rely on the company's winding‑up to curtail its contractual liability it had already accepted on appeal; only MCMC priority payments are deductible. Consequence: the Registrar's Order is reinstated (as amended by the plaintiff) and t…
7 Dec 2023

PERAK INTEGRATED NETWORK SERVICES SDN BHD 1. ) URBAN DOMAIN SDN. BHD. 2. ) PINS OSC & MAINTENANCE SERVICES SDN BHD

Citation

W-02(IM)(NCC)-326-03/2023 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCC)-326-03/2023 (Mahkamah Rayuan)

The Court held that the Liability Judgment and Clause 8.1.1 of the Management Agreement govern the period for the Account and Inquiry (from 21.5.2007 until the licence period expiry as per the last Work Order). The High Court erred in allowing post‑trial events (winding‑up) to curtail that period because the winding‑up could and should have been raised on appeal; PINS cannot shelter behind the winding‑up when its breach materially contributed to it. Only Priority Payments to MCMC are deductible from the Maintenance Fee. Consequently, the Registrar's Order is reinstated and the Quantum Order c…
7 Dec 2023

URBAN DOMAIN SDN. BHD. 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) PERAK INTEGRATED NETWORK SERVICES SDN BHD 3. ) XXXX

Citation

W-03(IM)(NCC)-70-07/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-03(IM)(NCC)-70-07/2022 (Mahkamah Rayuan)

The Court of Appeal held that the Liability Judgment and clause 8.1.1 fix the accounting period by reference to the last Work Order and that a subsequent winding‑up of PINS OSC could not be used to shorten the period of PINS’s contractual liability; accordingly the Registrar’s Order was reinstated and the High Court’s amendment setting the period to the winding‑up date was set aside; separately, the High Court’s Quantum Order was correct to permit deduction only for MCMC Priority Payments and was affirmed.
30 Nov 2023

1. ) MAJUTERA SDN BHD 2. ) NETWORK FACILITIES SDN BHD KONSORTIUM JARINGAN SELANGOR SDN BHD

Citation

BA-22NCvC-352-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-352-08/2023 (Mahkamah Tinggi)

The claim in Suit No.352 was struck out because it materially duplicated parties, subject matter, facts and reliefs already before the High Court in Suit No.149 and repeated proposed amendments that had been considered and rejected; the duplication constituted multiplicity of proceedings and an abuse of process such that a summary striking out under Order 18 r 19 was justified after considering precedent and the plaintiffs' failure to seek appropriate appellate relief.
10 Jun 2022

URBAN DOMAIN SDN. BHD. 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) PERAK INTEGRATED NETWORK SERVICES SDN BHD 3. ) XXXX

Citation

22NCC-1041-07/2012 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-1041-07/2012 (Mahkamah Tinggi)

The court held that the winding up of PINS OSC on 27.10.2016 was a relevant supervening event for assessment of damages; applying the compensatory principle and authorities permitting consideration of subsequent events (The Golden Victory; Bunge), the period for computation of maintenance fees was fixed between 21.05.2007 and 27.10.2016. The Deputy Registrar's Order was varied accordingly; other paragraphs were maintained and the alternative appeal dismissed.
10 Jun 2022

URBAN DOMAIN SDN. BHD. 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) PERAK INTEGRATED NETWORK SERVICES SDN BHD 3. ) XXXX

Citation

22NCC-1041-07/2012 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-1041-07/2012 (Mahkamah Tinggi)

The Deputy Registrar's period was varied: maintenance fees are recoverable from 21.05.2007 (Management Agreement date) up to 27.10.2016 (date of PINS OSC winding up). The court held that while Clause 8.1.1 contemplates the period tied to AWOs, the compensatory principle and the fact of the company’s winding up meant damages cannot be claimed beyond the date PINS OSC was wound up; res judicata and estoppel did not bar PINS from relying on the winding up and there was no evidence PINS caused the winding up.