Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Agency and apparent authority

Legal area

Court

22 Apr 2025

EL FORWARDING SDN BHD 1. ) CARZO IMPORT (M) SDN BHD 2. ) CHEONG WAI KEH

Citation

WA-B52NCvC-421-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-421-10/2024 (Mahkamah Sesyen)

Defendant 2 acted with authority as agent for Defendant 1 when completing and signing the account and Guarantee and Indemnity forms; the signed Guarantee imposed primary liability on Defendant 2 for debts incurred for Defendant 1; plaintiff proved performance by delivery orders and invoices; therefore summary judgment against both defendants was proper.
8 Feb 2022

RAVINDER SINGH A/L SHANGARA SINGH 1. ) THEVAN REALTY SDN BHD 2. ) THEVANDRAN A/L K. RAGAVAN

Citation

WA-A52NCvC-429-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-429-06/2021 (Mahkamah Sesyen)

The pleadings raised disputed factual issues regarding alleged representations and agency that ordinarily require a full trial; however the affidavit relied upon by the plaintiff (Annex 52) was improperly sworn by the plaintiff's solicitor, contained contentious matters not within the solicitor's personal knowledge and failed to state sources where based on information and belief in breach of Order 41 r.5 KKM 2012; consequently Annex 52 should be excluded and, absent it, Defendant First's strike out application (Annex 44) must be allowed with costs.