Malaysia Case Law: Decisions & Judgments

Topic

Agency

Legal area

Court

3 Feb 2026

CONAN MEDICAL TECHNOLOGY BERHAD 1. ) VQUEST SDN BHD 2. ) WEE SOON HING

Citation

WA-22NCC-576-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-576-08/2023 (Mahkamah Tinggi)

The invoice and related documents were addressed to and admitted received by the first defendant, contemporaneous communications showed the first defendant instructed delivery to My Feta but required invoicing to Vquest, the first defendant never disputed the invoices or statements and failed to produce evidence supporting its agency claim or its storage counterclaim; under Evidence Act s114(g) an adverse inference was appropriate; therefore the plaintiff proved the debt and judgment is entered for the plaintiff against the first defendant and the counterclaim is dismissed.
28 Nov 2025

MOK CHIA WU 1. ) CHUA CHEE WEAE 2. ) CHUA CHEE LIANG

Citation

JA-22NCvC-141-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-141-10/2024 (Mahkamah Tinggi)

On the face of the pleadings the OTP was signed only by the 1st defendant and there were no pleaded material facts establishing any legal mechanism (eg valid agency, ratification or other doctrine) to bind the 2nd defendant; because no evidence is admissible to cure that pleading defect under Order 18 r 19(2), the claim against the 2nd defendant was plainly and obviously unsustainable and must be struck out.
24 Oct 2025

1. ) JOHAN BIN RAMLI 2. ) NOR A'SHIKIN BINTI ABDULLAH 1. ) AMEER BIN NOORDIN 2. ) NOR ASMAH BINTI HASHIM

Citation

BA-22NCvC-242-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-242-06/2024 (Mahkamah Tinggi)

The 2nd Defendant was the purchaser's solicitor and agent, not a jointly appointed stakeholder; payment to her did not discharge the purchaser's obligation; part payment and the unequivocal WhatsApp acknowledgment on 12 November 2019 restarted the limitation period so the 2024 suit is within time; no bona fide triable issue exists; summary judgment granted for the unpaid balance of RM760,000 plus interest and costs.
28 Jul 2025

CIP GROUP SDN BHD 1. ) RENQUI DONGTAI IMPORT & EXPORT TRADE CO LTD 2. ) SITC CONTAINERS LINES MALAYSIA SDN BHD 3. ) KMTC LINE (MALAYSIA) SDN BHD 4. ) HEUNG-A (M) SDN BHD

Citation

BA-22NCvC-98-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-98-03/2025 (Mahkamah Tinggi)

The court exercised its discretion under Order 15 to allow intervention because KMTCL and HALCL demonstrated that they have a legal interest as carriers/principals whose rights and liabilities will be directly affected by orders in the suit (not merely a commercial interest), intervention prevents multiplicity of proceedings, and the issues (including requirement for original bills of lading and effect of agency agreements) ought to be determined with them before the court.
11 Mar 2025

EASTERN PACIFIC INDUSTRIAL CORPORATION BERHAD A.D METAL TRADING & TRANSPORT SDN BHD

Citation

T-02(NCvC)(W)-1260-08/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

T-02(NCvC)(W)-1260-08/2023 (Mahkamah Rayuan)

The Court held the appropriate cause of action was trespass to goods, that there was cogent evidence the auxiliary police acted under the responsibility and control of Eastern Pacific Industrial Corporation Berhad making it liable, and that damages should be assessed on proven costs and expenses (with mitigation and deduction of revenue) rather than the gross estimated revenue; the special damages award was varied to RM207,324 and exemplary damages of RM100,000 affirmed.
5 Dec 2024

1. ) WONG JIAN ON 2. ) CHEAH LEAN MING 1. ) TAN SWEE LEONG 2. ) GO YEW KIAT 3. ) LINGKARAN EW SDN BHD 4. ) LINGKARAN KUALITI SDN BHD

Citation

WA-22NCC-673-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-673-12/2022 (Mahkamah Tinggi)

On the balance of probabilities there was no joint venture between the parties at the inception of the Penang and Banting projects in September 2019; the relationship was contractual (rental of machines, contractor/sub-contractor) and payments were loans or rentals; a joint venture only came into existence upon the incorporation of Lingkaran EW Sdn Bhd in December 2020 and applies only to works undertaken after that incorporation (Ijok, Kepong, Cyberjaya, Rasa).
9 Sept 2024

DATO SUHAIMY BIN OTHMAN 1. ) INFINITY TRUSTEE BERHAD 2. ) ZURANITA BINTI MUHD ZAIN

Citation

BA-22NCvC-133-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-133-03/2022 (Mahkamah Tinggi)

Plaintiff failed to prove that either Defendant was a party to or privy to the Subscription Agreements and thus cannot enforce or obtain remedies under those agreements; the Agreements expressly bind Plaintiff and Asia Cornerstone and allocate refund obligations to Asia Cornerstone; the Plaintiff also failed to prove actionable misrepresentation by the 2nd Defendant. Therefore the claim against the Defendants is dismissed and costs awarded to the Defendants.
31 May 2024

AJ KASTURI SDN BHD 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SANI 3. ) NG SEE HUA 4. ) LEE PENG KOON 5. ) LEE LEONG HUAT 6. ) NG SOON TEAM 7. ) TEH HOCK CHUN 8. ) KHOO SAY POOW 9. ) EI KIAN SEONG

Citation

BA-22NCvC-494-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-494-10/2018 (Mahkamah Tinggi)

The Plaintiffs failed to prove the 16 transactions were sham moneylending arrangements; key allegations relied on criminal provisions and professional disciplinary provisions not enforceable by civil declarations; documentary and conduct evidence established existence of valid Options to Purchase and genuine sale transactions; adverse inference for failure to call material witnesses did not alter outcome; therefore plaintiffs' claims dismissed and purchasers' counterclaims allowed with costs and interest.
31 May 2024

AJ KASTURI SDN BHD 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SANI 3. ) NG SEE HUA 4. ) NG SOON TEAM 5. ) KHOO SAY POOW 6. ) TEE JEN TONG 7. ) ABLE DYNAMIC TRADING SDN BHD

Citation

BA-22NCvC-514-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-514-10/2018 (Mahkamah Tinggi)

On the facts and applying established principles, the court found the 16 transactions to be genuine sale and purchase transactions with an Option to Purchase; the Plaintiffs failed to prove the transactions were sham moneylending or that the First Defendant acted as an agent in unlicensed moneylending; statutory criminal provisions and disciplinary allegations were not matters for civil adjudication here; accordingly Plaintiffs’ claims dismissed and Purchasers’ counterclaims allowed with costs and interest, damages disallowed.
28 Apr 2024

1. ) TANTI RAHAYU BINTI ABDUL HALIM 2. ) WAN MARIDANA BINTI HAJI NAJIB 1. ) NURHAYATI HASHIMA BINTI MUHAMMAD & NORHASIKIN BINTI MUHAMMAD BERNIAGA ATAS NAMA DAN GAYA FLEXI BIZ ENTERPRISE 2. ) MYSHOPRO GLOBAL SDN. BHD.

Citation

DA-24IP-1-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24IP-1-10/2023 (Mahkamah Tinggi)

The Court found that Plaintiffs were the original creators and first users of the marks; permission to Defendanant First to register "TATI SKIN CARE 5 IN 1" was given on trust not absolutely; Defendant First's registration of "TATI" (TM2019006294) and subsequent transfer to Defendant Second were done without Plaintiffs' consent and amounted to wrongful/fraudulent conduct; accordingly Plaintiffs are entitled to declarations of ownership, cancellation/removal or re‑nomination of the contested registration and restoration/assignment of the other registration to Plaintiffs; damages claim was not…