Malaysia Case Law: Decisions & Judgments

Topic

Accounting of profits

Legal area

Court

20 Jun 2024

S3 VENTURES SDN BHD 1. ) ORAVEL STAYS SINGAPORE PTE. LTD 2. ) OYO ROOMS HOSPITALITY SDN. BHD.

Citation

BA-22NCvC-509-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-509-12/2020 (Mahkamah Tinggi)

The court found on the balance of probabilities that (1) defendants failed to prove they provided a signed/stamped MOCA; (2) Annexure 4 constituted a full waiver of management fees for three months from the Live Date and defendants breached MOCA by charging fees November 2018–February 2019; (3) defendants unilaterally lowered room rates and did not justify it under any proven pricing policy; (4) the MOCA was validly terminated with effect 17.02.2019 after the lock-in; (5) defendants failed to hand over ownership/listing control of all OTAs upon termination; (6) defendants unlawfully interfere…
14 Jul 2021

Malenee A/P Murugan 1. Muhelen A/L Murugan 2. Mathani A/P Murugan

Citation

WA-22NCC-51-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-51-01/2020 (Mahkamah Tinggi)

On the totality of evidence the contemporaneous SSM partnership registration signed by all four siblings together with the conduct of the parties (including the agreement to utilize profits for family obligations and the Plaintiff's management on behalf of partners) established that the business was carried on in common with a view of profit; management by one sibling did not negate partnership. Therefore declaration of partnership was appropriate and equitable accounting orders for 2011–2019 were refused as profits for that period were treated as settled by the parties' conduct; Plaintiff ma…

Malaysia Case Law

S3 VENTURES SDN BHD 1. ) ORAVEL STAYS SINGAPORE PTE. LTD 2. ) OYO ROOMS HOSPITALITY SDN. BHD.

Malenee A/P Murugan 1. Muhelen A/L Murugan 2. Mathani A/P Murugan