Malaysia Case Law

26 Sept 2025

1. ) PANG SEE KIT 2. ) PANG SOON ENG CHAI TENG KOOI @ SUA AH KAU

Citation

JA-22NCvC-107-08/2021 (Mahkamah Tinggi)

Court

High Court

Case number

JA-22NCvC-107-08/2021 (Mahkamah Tinggi)

Court admitted the 1st and 2nd SPAs as secondary evidence under s.65 Evidence Act on finding originals could not be produced through no fault of Plaintiffs; found the chain of valid assignments culminating in the 3rd SPA vested PSS with enforceable rights under s.4(3) Civil Law Act; Plaintiffs demonstrated readiness and performance and therefore equity requires specific performance under s.11 Specific Relief Act; limitation and laches did not bar relief because the first clear threat to Plaintiffs' rights arose in 2021; accordingly specific performance was ordered against the Defendant, with…

• Specific performance
• Chose in action
• Assignment of choses in action
• Admissibility of secondary evidence
• Limitation and laches
• Bare trustee / beneficial ownership

11 Jan 2024

RHB BANK BERHAD 1. ) MILLENNIUM SKILL TRAINING ACADEMY SDN BHD 2. ) SIVAMURTHY A/L MUNIANDY 3. ) SHANGKARI A/P SIVAMURTHY 4. ) MOHAMAD FARID BIN ISMAIL

Citation

WA-22NCC-63-02/2023 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCC-63-02/2023 (Mahkamah Tinggi)

The Deeds of Assignment, read by their four corners (not displaced by the factual matrix), constitute absolute and unconditional assignments enabling the plaintiff to enforce its rights and auction the properties on default; the defendants' estoppel plea lacked particulars and pleaded reliance and thus disclosed no reasonable cause; accordingly the counterclaim was frivolous/vexatious or an abuse of process and was struck out.

• Assignment of choses in action
• Absolute assignment vs assignment by way of charge
• Strike out pleadings
• Estoppel
• Enforcement of security
• Public auction of secured property

NOUVAU MONT DOR (M) SDN. BHD. V. FABER DEVELOPMENT SDN. BHD.

Citation

NOUVAU MONT DOR (M) SDN. BHD. V. FABER DEVELOPMENT SDN. BHD.

Court

Malaysian court

The assignment dated 18 February 1978, read as a whole, was an absolute assignment within s.4(3) Civil Law Act 1956; therefore at the time the originating summons was filed the appellant, as assignor, had no right to maintain the action in its own name and the appeal must be dismissed.

• Assignment of choses in action
• Absolute assignment vs. charge
• Right to sue / locus standi
• Construction of instruments
• Effect of notice to debtor
• Strata title interim assignments