Malaysia Case Law: Decisions & Judgments

Topic

Admission of liability

Legal area

Court

15 Jan 2026

FGP VENTURES SDN. BHD. SUBAYOGAN A/L SINNIAH

Citation

WA-12ANCC-60-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-60-09/2025 (Mahkamah Tinggi)

Appeal allowed because the Sessions Court erred in entering judgment on admission: the principal sum had been paid making the order for payment academic, and the materials did not amount to a clear, unambiguous and unconditional admission of liability for the residuary claims (interest, general damages and costs); triable issues of law and fact remained that required adjudication at trial.
27 Nov 2025

Majlis Perbandaran Kuala Terengganu (MPKT) MENSILIN GREEN ENERGY SDN. BHD.

Citation

TA-A52NCvC-14-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A52NCvC-14-05/2024 (Mahkamah Sesyen)

On the balance of probabilities the correspondence notifying rent and the defendant’s subsequent conduct (continued occupation after notification, making payments recorded by plaintiff, and failure to object plus a request for exemption) constituted implied acceptance of the rent terms and created an enforceable obligation; therefore defendant is liable to plaintiff for RM222,000 plus 5% interest from judgment and costs of RM7,000.
8 Nov 2024

RISHIPAL SINGH DHANOA A/L CHARANJIT SINGH (BERNIAGA ATAS NAMA DHANOA ENTERPRISE) KAWALAN PERTIWI SDN BHD PIHAK KETIGA STALLION EMPIRE SDN. BHD.

Citation

BA-22NCvC-19-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-19-01/2024 (Mahkamah Tinggi)

The JID was regularly obtained because service complied with Order 62 r 4 and was corroborated by the Defendant's own responsive correspondence; the Defendant failed to file within the 30‑day period and offered no credible explanation for delay; the Defendant failed to disclose a prima facie meritorious defence and its 19 March 2024 communications amounted to admissions, not protected settlement offers; accordingly the application to set aside the JID must be dismissed with costs.
7 Nov 2024

KENYIN HARDWARE SDN. BHD. 1. ) MOHD NASRI BIN MD SAID 2. ) EXCEL STRADA SDN. BHD.

Citation

JA-A52NCvC-207-07/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-207-07/2024 (Mahkamah Sesyen)

Plaintiff failed to satisfy the statutory requirements for an interim payment because it did not demonstrate that defendants admitted liability or that it faced hardship requiring interim relief, and there were bona fide triable issues (notably the validity of backdated rent increases and liability for TNB and double rent); accordingly the application under Order 22A is dismissed.
22 Apr 2024

1. ) Kerajaan Malaysia 2. ) Khor Xin Yun 3. ) Wong Wei Lin 4. ) Nurul Izzah Che Jusoh 5. ) Mohd Khairur Razikin bin Ramlan 6. ) See Jing Kai 7. ) Mohd Syazwan Mohd Rosli 8. ) Farah Natasha Abdul Rasid 9. ) Mohd Nazaluddin Mat Nazir 10. ) Kh

Citation

B-01(NCvC)(W)-556-08/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

B-01(NCvC)(W)-556-08/2022 (Mahkamah Rayuan)

Affirmed the High Court's assessment of general damages at RM260,000 based on multiple surgeries, bladder perforation and psychiatric injury; reduced aggravated damages from RM150,000 to RM80,000 because the conduct did not reach the exceptional, contumelious level required for a higher award; affirmed global getting‑up and out‑of‑pocket award of RM150,000 given the stage of proceedings and preparatory work; awarded costs of RM15,000 to the respondent subject to allocatur.
2 Aug 2022

1. ) MOHD HAFIZI BIN MOHD SALLEH 2. ) MUHAMMAD SHAHRUL IZHAM BIN ANUAR 3. ) ZABIDAH BINTI ATAN ACTIVE TRAFFIC SERVICES SDN. BHD.

Citation

BA-12ANCvC-42-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-42-04/2022 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's striking out of the appellants' counterclaim because the counterclaim was an obvious afterthought inconsistent with earlier admissions, lacked necessary particulars to disclose a cause of action or establish causation for the alleged pecuniary losses, and the trial judge properly exercised discretion under Order 18 r.19(1); appellate intervention was unwarranted as there was no plain error in fact or law.
18 Oct 2021

HIGH POINT TECHNIC SDN BHD THRUSTBAR RESOURCES SDN BHD

Citation

WA-22NCVC-316-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-316-05/2021 (Mahkamah Tinggi)

The defendant's solicitors' letter and enclosed statement of account admitted the outstanding debt of RM1,934,240.30 and therefore no genuine dispute existed at the time; the 'without prejudice' label did not afford privilege; the defendant failed to particularise or provide evidence of any triable defence; accordingly summary judgment was proper and the strike out application failed.
17 Dec 2020

1. ) YAP SAO LEONG 2. ) HO SHI HUI (Both Suing As Administrators to the Estate Of Yap Yi Hong, Deceased) 1. KERAJAAN MALAYSIA 2 DR MEERA A/P VILLARAJAH 3. DR NURUL ILLANI BINTI ABDUL LATIF 4. DR AMALINA BINTI JAMIL 5. DR YONG SHU SHIEN 6. D

Citation

JA-21NCVC-15-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-21NCVC-15-06/2019 (Mahkamah Tinggi)

Because the 1st Defendant admitted liability and called no evidence, the plaintiffs' unrebutted expert and witness evidence established that sub-standard intrapartum monitoring, prolonged decision-to-delivery interval and failure to escalate care caused severe metabolic acidosis, hypoxic ischemic encephalopathy and subsequent quadriplegic cerebral palsy leading to premature death; the court therefore awarded RM200,000 for pain and suffering and RM300,000 as aggravated damages given proven conduct (blaming mother, concealment/obstruction of inquiry, prolonged litigation and delayed admission).