Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of computer-generated documents (s90a)

Legal area

Court

26 Jan 2026

AMBANK (M) BERHAD 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD DAHLAN

Citation

TA-B52NCC-1-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B52NCC-1-02/2023 (Mahkamah Sesyen)

Plaintiff's claim was dismissed because it failed to prove the claimed indebtedness: the critical account statements remained identification documents (ID) and were not admitted as exhibits due to non-compliance with s90A Evidence Act 1950 and absence of a certificate of indebtedness; therefore the plaintiff did not discharge the burden of proof on the amount claimed.
14 Apr 2022

SEE ENERGY SDN BHD PCO ELECTRICAL (M) SDN BHD

Citation

WA-22NCvC-962-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-962-12/2019 (Mahkamah Tinggi)

The JVA was not a binding or enforceable contract because it was expressly subject to a final agreement and the factual matrix showed lack of consensus ad idem and absence of essential terms (financing amount/mode, allocation of obligations, profit division), and the Plaintiff failed to give the promised consideration; accordingly the Defendant validly terminated and the Plaintiff's claim is dismissed with costs.
2 Oct 2020

PENDAKWARAYA Puan Annur Atiqah binti Abdul Hadi (Jabatan Peguam Negara) Dato' Setia Salehuddin Saidin, Afifuddin Ahmad Hafifi dan Siti Sarah Khalil (Tetuan Salehuddin Saidin & Associates)

Citation

WA-42S-27-07/2019 & WA-42H-31-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-27-07/2019 & WA-42H-31-07/2019 (Mahkamah Tinggi)

The appeal was allowed and conviction and sentence quashed because the charge was defective for failing to particularise material particulars (interest/amount payable) and the key computer printouts (P12 A-C) were inadmissible under s90A absent the required certificate or evidence from the licensing authority, so the prosecution failed to prove the essential element that the appellant was carrying on moneylending without a licence.

Malaysia Case Law

AMBANK (M) BERHAD 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD DAHLAN

SEE ENERGY SDN BHD PCO ELECTRICAL (M) SDN BHD

PENDAKWARAYA Puan Annur Atiqah binti Abdul Hadi (Jabatan Peguam Negara) Dato' Setia Salehuddin Saidin, Afifuddin Ahmad Hafifi dan Siti Sarah Khalil (Tetuan Salehuddin Saidin & Associates)