Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of expert reports

Legal area

Court

22 Feb 2026

[ ] 1. ) NOOR NAZMI BIN NAWI 2. ) MUHAMMAD HAMDEE BIN CHE HASHIM

Citation

DA-45-12-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45-12-10/2021 (Mahkamah Tinggi)

Prosecution failed to establish prima facie every essential element for the charged offences because (a) identity/chain of custody of drug and poison exhibits was seriously in doubt due to discrepant markings and lack of explanation, (b) prosecution did not prove accused had custody, control or dominion over the drugs, vehicle or premises and failed to exclude third‑party access, (c) evidence of common intention was absent; accordingly accused could not safely be called to enter defence and were discharged.
14 Feb 2025

Ashok Kumar A/L Ranjeet Kumar

Citation

BA-62-14-04/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62-14-04/2022 (Mahkamah Sesyen)

Prosecution proved beyond reasonable doubt the four elements: (1) accused caused bodily hurt; (2) accused had intention or knowledge his acts would cause hurt; (3) injuries were caused by a blunt instrument (belt) capable of causing serious injury consistent with S.324; and (4) victim was the accused's lawful spouse at time of offence, engaging S.326A to double maximum penalty. Defence evidence (IDD21, IDD20) was either inadmissible or uncorroborated and failed to raise reasonable doubt. Consequently accused was convicted under Section 324 read with Section 326A and sentenced accordingly.
11 Jan 2024

1. ) RICH CONTRACTS SDN BHD 2. ) BIOENERGY FORCE SDN BHD 3. ) GX CORPORATION SDN BHD 1. ) ONG BOON TIONG 2. ) BIO CONCEPT SOLUTION 3. ) BIO CONCEPT SOLUTION (M) SDN BHD 4. ) SIMPANGAN KURNIA SDN BHD 5. ) SING LEAN HON TRADING SDN BHD 6. ) T

Citation

WA-22NCC-372-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-372-08/2020 (Mahkamah Tinggi)

On the balance of probabilities the 1st defendant breached contractual, fiduciary and duties of good faith by failing to disclose and by recommending and enabling related suppliers; the defendants formed an agreement to control PKS prices and supply, mask deliveries, deliver substandard PKS and provide secret commissions; expert VLC reports were admissible; contracts tainted by fraud were voidable and rescinded; counterclaims failed; plaintiffs entitled to remedies including disgorgement, accounts, rescission and exemplary damages.
18 Jan 2023

GOLDEN AFFINITY DEVELOPMENT SDN BHD 1. ) ES ENG SOON HOLDING SDN BHD 2. ) LIM BOON KANG 3. ) LIM BOON HUNG 4. ) SEE KOK SENG

Citation

WA-22NCC-210-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-210-05/2020 (Mahkamah Tinggi)

The court held CA1965 applied to the December 2016 dividend and the dividend was paid out of profits as evidenced by financial statements, therefore the declaration was lawful; LAD claims had not crystallised at the time and fraud/fraudulent trading and conspiracy claims were not proved (deficient pleading, lack of contemporaneous evidence, no police report, infirmities in forensic evidence); four properties accepted at market value by JPPH while two properties were under-valued leading to limited recovery orders; Suit 472 largely dismissed except limited recovery for two properties; Suit 210…
16 Mar 2022

JEGATHESAN A/L SUBRAMANIAM MUNIAMAH A/P RAMASAMY

Citation

AB-22NCvC-30-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCvC-30-10/2021 (Mahkamah Tinggi)

The court granted discovery because the original Agreement is a document central to the dispute, is relevant and is in the plaintiff's possession (satisfying Yekambaran), the defendant's affidavit sufficiently established necessity for pre-trial expert examination, and production pre-trial to a qualified (gazetted) fingerprint expert would materially assist and potentially shorten trial; the plaintiff would not be prejudiced and costs were awarded to the defendant.
31 Jul 2019

JLA MOTORSPORTS SDN BHD 1. AHMAD SUHAIMI BIN ABDULLAH 2. HAMIDAH BINTI ISHAK 3. SURAIDI BIN YA'AKUB

Citation

JA-22NCVC-165-08/2016 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-165-08/2016 (Mahkamah Tinggi)

On the balance of probabilities the court found overwhelming and coherent evidence (handwriting expert reports, forensic audit, witness testimony and police investigation) that the majority of withdrawal instruments were forged or unauthorized and that Defendants 1 and 2 effected and participated in misappropriation and conspiracy, breached fiduciary duties and committed breach of trust; defendants failed to rebut plaintiff's case or produce key witnesses/documents (eg. maker of alleged vouchers), therefore plaintiff's claims in para 38 of the amended statement of claim were allowed and costs…

Malaysia Case Law

[ ] 1. ) NOOR NAZMI BIN NAWI 2. ) MUHAMMAD HAMDEE BIN CHE HASHIM

Ashok Kumar A/L Ranjeet Kumar

1. ) RICH CONTRACTS SDN BHD 2. ) BIOENERGY FORCE SDN BHD 3. ) GX CORPORATION SDN BHD 1. ) ONG BOON TIONG 2. ) BIO CONCEPT SOLUTION 3. ) BIO CONCEPT SOLUTION (M) SDN BHD 4. ) SIMPANGAN KURNIA SDN BHD 5. ) SING LEAN HON TRADING SDN BHD 6. ) T

GOLDEN AFFINITY DEVELOPMENT SDN BHD 1. ) ES ENG SOON HOLDING SDN BHD 2. ) LIM BOON KANG 3. ) LIM BOON HUNG 4. ) SEE KOK SENG

JEGATHESAN A/L SUBRAMANIAM MUNIAMAH A/P RAMASAMY

JLA MOTORSPORTS SDN BHD 1. AHMAD SUHAIMI BIN ABDULLAH 2. HAMIDAH BINTI ISHAK 3. SURAIDI BIN YA'AKUB