Malaysia Case Law: Decisions & Judgments

Topic

Agent personal liability

Legal area

Court

21 Oct 2025

SHASHI RAJ A/L MOHAN 1. ) DATO ROSAL AZIMIN BIN AHMAD 2. ) TETUAN SHAMSUDDIN & CO

Citation

WA-22NCC-68-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-68-02/2025 (Mahkamah Tinggi)

The claim against the 2nd defendant disclosed no reasonable cause of action and was frivolous or vexatious because the pleaded facts and contemporaneous documents show D1 alone contracted to borrow and to repay the Principal Sum, the Confirmation Letter emanated from D1 personally, and D2’s only pleaded role was receipt of monies as agent; under s.183 an agent is not personally liable absent an express contract or applicable presumption, therefore the writ against D2 was rightly struck out.
16 Jun 2023

TITAN METAL WORKS SDN BHD 1. ) TYRON FLAT TYRE PROTECTION ASIA PTE LTD 2. ) TYRON SALES AND SERVICES (M) SDN BHD 3. ) KOH KIA YEONG 4. ) Leong Siew Leng

Citation

WA-22NCC-640-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-640-12/2020 (Mahkamah Tinggi)

Supply Agreement was a binding contract; parties at the Beijing meeting altered expectations and the Plaintiff reasonably relied on a reduced guaranteed minimum of 200,000 units for 2018; 1st and 2nd Defendants are jointly and severally liable for breach and resultant loss of profit; 3rd Defendant not personally liable on alleged personal assurance and 4th Defendant not personally liable under Sections 183/186; Plaintiff did not wrongfully convert the Toolings; Plaintiff entitled to proven loss of profits (RM882,435.44), unpaid debt (RM98,197.51), interest and costs; USD33,000 credit assigned…

Malaysia Case Law

SHASHI RAJ A/L MOHAN 1. ) DATO ROSAL AZIMIN BIN AHMAD 2. ) TETUAN SHAMSUDDIN & CO

TITAN METAL WORKS SDN BHD 1. ) TYRON FLAT TYRE PROTECTION ASIA PTE LTD 2. ) TYRON SALES AND SERVICES (M) SDN BHD 3. ) KOH KIA YEONG 4. ) Leong Siew Leng