Malaysia Case Law: Decisions & Judgments

Topic

Appellate review standards

Legal area

Court

22 Apr 2025

DELICATE BUILDERS SDN. BHD. INTIGA SDN. BHD.

Citation

WA-12BC-11-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BC-11-09/2023 (Mahkamah Tinggi)

On re-hearing the court found Delicate primarily liable for delay due to inadequate manpower and failure to plead asserted excuses; Intiga entitled to back-charges arising from delay. The NYC claim was allowed only to the extent of East Elevation labour (reducing the judgment sum from RM172,719.62 to RM103,769.22). Scaffolding and overtime back-charges were held recoverable on balance of probabilities; Delicate’s counterclaim (RM360,691.17) dismissed for lack of documentary substantiation and pleaded particulars.
23 Jan 2024

PRAKASH A/L MANIAM @ SUBRAMANIAM PUVENESWARAN A/L ARUMUGAM

Citation

BA-12B-3-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-3-01/2023 (Mahkamah Tinggi)

The Sessions Court's factual findings that the defendant made defamatory statements to a third party were reasonably open on the evidence; the defendant failed to prove justification and could not establish qualified privilege because the publication was made with express malice; damages of RM100,000 (general and exemplary) and declaratory relief as to wrongful removal were appropriate; there was no basis for appellate interference, so the appeal is dismissed.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) Muhammad Hattan Bin Zainal 2. ) Nik Fatimah Zurah Binti Nik Mohd Jamaluddin

Citation

BL-12BNCvC-19-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-19-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court finding that the developer breached its duty of care and the express and implied terms of the SPA by failing to properly treat the soft clay site, causing soil subsidence and recurrent external defects; the trial judge properly preferred the respondents’ geotechnical expert (SP7) over the developer’s expert, the quantum based on SP7’s BOQ was supported by evidence, and the appeal was dismissed with costs.
15 Feb 2022

1. ) GHAZALI BIN MAT 2. ) A.RANI BIN MAMAT 3. ) SULONG BIN AHMAD 4. ) A RAHMAN BIN MOHD 5. ) MELOR BINTI MAHMUD 6. ) MOHD NOOR BIN JUSOH 7. ) YAHAYA BIN MAMAT 8. ) CHE OSMAN BIN EMBONG 9. ) CHE LIAH BIN CHE NGAH 10. ) SALLEH BIN ZAINAL 11.

Citation

T-01(NCvC)(W)-588-10/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

T-01(NCvC)(W)-588-10/2019 (Mahkamah Rayuan)

The High Court erred by reopening liability and relying on irrelevant considerations; the Court of Appeal preferred the independent expert (PW1) and applied Browne v Dunn to reject Respondents' challenged evidence, awarding RM5,500,000 as general damages for loss of opportunity while dismissing claims for exemplary and aggravated damages and ordering costs of RM30,000.
15 Sept 2020

1. UMW TOYOTA MOTOR SDN BHD 2. TELAGAMAS MOTORS SDN BHD 1. ALLAN CHONG TECK KHIN 2. HO YOKE PENG

Citation

P-02(NCVC)(w)-1824-10/2019 (Mahkamah Rayuan)
Court

NCVC
Case number

P-02(NCVC)(w)-1824-10/2019 (Mahkamah Rayuan)

The Court allowed the appeal because the High Court plainly misappreciated the expert evidence: the plaintiffs' own experts' reports and cross-examination showed vibration readings fell within the comfortable range under ISO 2631 and the vehicle performed no worse than comparison vehicles; the trial judge erred in treating expert evidence as unassailable absent a contrary expert and failed to give weight to concessions elicited in cross-examination; moreover the 2nd plaintiff did not testify and could not establish inducement. Therefore there was no proven defect or actionable misrepresentati…

Malaysia Case Law

DELICATE BUILDERS SDN. BHD. INTIGA SDN. BHD.

PRAKASH A/L MANIAM @ SUBRAMANIAM PUVENESWARAN A/L ARUMUGAM

MALAYAPINE ESTATES SDN B HD 1. ) Muhammad Hattan Bin Zainal 2. ) Nik Fatimah Zurah Binti Nik Mohd Jamaluddin

1. ) GHAZALI BIN MAT 2. ) A.RANI BIN MAMAT 3. ) SULONG BIN AHMAD 4. ) A RAHMAN BIN MOHD 5. ) MELOR BINTI MAHMUD 6. ) MOHD NOOR BIN JUSOH 7. ) YAHAYA BIN MAMAT 8. ) CHE OSMAN BIN EMBONG 9. ) CHE LIAH BIN CHE NGAH 10. ) SALLEH BIN ZAINAL 11.

1. UMW TOYOTA MOTOR SDN BHD 2. TELAGAMAS MOTORS SDN BHD 1. ALLAN CHONG TECK KHIN 2. HO YOKE PENG