Malaysia Case Law: Decisions & Judgments

Topic

Authenticity of documents

Legal area

Court

10 Apr 2026

JASUDASS A/L SANASI KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL

Citation

BA-16-62-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-62-08/2025 (Mahkamah Tinggi)

The application to include Enclosure 17 was dismissed because the Court inferred the Letter had not been previously adduced, the Appellant's explanation for the omission was implausible, the Letter was undated and unsigned so not verifiably authentic or contemporaneous, and admitting it at the eleventh hour would amount to introduction of new evidence and risk prejudice to the Respondent.
19 Jan 2026

ALPHA POLYMER SDN BHD 1. ) GYH MANUFACTURING SDN BHD 2. ) ECOHOUSE VENTURE SDN BHD

Citation

BA-22NCC-117-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-117-06/2024 (Mahkamah Tinggi)

Claim dismissed because the Plaintiff failed to discharge the burden of proof: the Statement of Claim lacked material particulars, originals or satisfactory authentication for many delivery orders were not produced, there were unexplained discrepancies and identical invoices from a related company raising double‑recovery risk, and no sufficient evidence established contractual liability of the 2nd Defendant.
18 Oct 2023

ANG SENG CHOY ALL SEASON REALTY SDN. BHD.

Citation

JA-22NCvC-3-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-3-01/2023 (Mahkamah Tinggi)

The court found on the pleadings and exhibits that there was reasonable doubt as to the authenticity of the LOUs, the contractual preconditions for payment were not satisfied and the properties were never transferred or partitioned to the defendant; accordingly the claims were plainly unsustainable and the defendant's strike out applications succeeded.
6 Apr 2023

ZHEJIANG DINGCHENG INTERNATIONAL TRADE CO. LTD SHA ASIA MINING SDN BHD

Citation

WA-22NCC-507-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-507-11/2021 (Mahkamah Tinggi)

Plaintiff satisfied preliminary O.14 requirements and established a prima facie case; Defendant failed to raise any credible triable issues—its denials were inconsistent with contemporaneous documents and conduct (including acceptance and partial payment), it produced no evidence for force majeure, and the Second Variation Letter was supported by signed copy and communications; therefore summary judgment entered for Plaintiff for refund USD247,000 and liquidated damages USD594,000 and Defendant’s counterclaim struck out as unsustainable/res judicata.
1 Apr 2022

WA-22NCC-347-06/2019 (Mahkamah Tinggi)

Citation

WA-22NCC-347-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-347-06/2019 (Mahkamah Tinggi)

Court found a binding contract existed governed by the tender documents and KFN002/2018; FIAM terms did not apply and the alleged 21 December 2017 agreement and its timetable were not authentic or communicated to the plaintiff; delivery period extended to 30 September 2018 under the akuan, defendant accepted deliveries without protest so time became at large and defendant acquiesced to any delays; defendant therefore not entitled to late delivery penalty and plaintiff entitled to principal claim of RM4,138,780.60 but not to FIAM late payment interest or SOGA interest.
14 Apr 2021

LIBERTYBASE SDN BHD (NO. SYARIKAT.: 537057 – D) SASFARA FURNISHING SDN BHD (NO. SYARIKAT.: 725871 – A)

Citation

BA-12ANCC-76-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCC-76-12/2020 (Mahkamah Tinggi)

Contemporaneous delivery orders, invoices and statements of account established a prima facie case of indebtedness and physical delivery; the defendant failed to raise credible, particularised and contemporaneous evidence to show a bona fide triable issue; denials were unsubstantiated, inconsistent with documents and constituted afterthoughts; therefore summary judgment under O.14 r.1 ROC 2012 was properly granted and is affirmed.
6 Aug 2019

1. KAWAN LAMA BUILDERS SDN BHD (NO. SYARIKAT: 1167936-P) 2. TENG CHEE LAY (NO. K/P: 760721-02-5307) SYARIKAT LUMUT QUARRY SDN BHD (NO. SYARIKAT: 21166-D) PIHAK KETIGA JJM INTEGRATED SDN BHD (NO. SYARIKAT: 322255-W)

Citation

A-02(IM(NCVC)-191-01/2019 (Mahkamah Rayuan)
Court

NCVC
Case number

A-02(IM(NCVC)-191-01/2019 (Mahkamah Rayuan)

The Court of Appeal held the purported admissions in the Perjanjian Penyelesaian and related documents were not clear, unambiguous or unequivocal and that material triable issues (authenticity, termination and disputed contents including the guarantee) existed; accordingly Order 27 r3 could not support entry of final judgment and the High Court decision was set aside.

Malaysia Case Law

JASUDASS A/L SANASI KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL

ALPHA POLYMER SDN BHD 1. ) GYH MANUFACTURING SDN BHD 2. ) ECOHOUSE VENTURE SDN BHD

ANG SENG CHOY ALL SEASON REALTY SDN. BHD.

ZHEJIANG DINGCHENG INTERNATIONAL TRADE CO. LTD SHA ASIA MINING SDN BHD

WA-22NCC-347-06/2019 (Mahkamah Tinggi)

LIBERTYBASE SDN BHD (NO. SYARIKAT.: 537057 – D) SASFARA FURNISHING SDN BHD (NO. SYARIKAT.: 725871 – A)

1. KAWAN LAMA BUILDERS SDN BHD (NO. SYARIKAT: 1167936-P) 2. TENG CHEE LAY (NO. K/P: 760721-02-5307) SYARIKAT LUMUT QUARRY SDN BHD (NO. SYARIKAT: 21166-D) PIHAK KETIGA JJM INTEGRATED SDN BHD (NO. SYARIKAT: 322255-W)