Malaysia Case Law: Decisions & Judgments

Topic

Bills of exchange

Legal area

Court

10 Apr 2025

THANABALAN A/L CHATAPAN ARNOLD ANDREW A/L P. ANTHONY MUTHU

Citation

WA-22NCvC-745-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-745-12/2024 (Mahkamah Tinggi)

Defendant admitted writing and signing the settlement letter and cheques; the plaintiff as holder deposited the cheques which were dishonoured; defendant's coercion allegation lacked particulars and was inherently improbable and unsupported (no police report or counterclaim); defendant failed to rebut the presumption of consideration for negotiable instruments; therefore there was no triable issue and summary judgment was entered for the plaintiff for RM1,400,000 plus interest and costs.
19 Apr 2024

1. ) NIK JAMALULAI BIN NIK MAN 2. ) ALIAS BIN MANSOR 3. ) TAN FOONG LUEN 1. ) CONLAY CONSTRUCTION SDN BHD 2. ) CHU CHEE CHOON

Citation

NA-22NCvC-86-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

NA-22NCvC-86-10/2019 (Mahkamah Tinggi)

The letter dated 20.12.2018 was held void and unenforceable because its consideration involved lobbying/influencing government (contrary to public policy and potentially unlawful) and was vague/uncertain; plaintiffs failed to prove they performed the contractual negotiation; evidence established the contract price was reduced; accordingly plaintiffs' claims failed and defendants' counterclaim succeeded, with restitution/costs consequences under s66 and ordinary principles of costs.
24 May 2022

PEMPETISYEN Norliza Binti Rasool Khan for the Petitioner [Messrs. Liza Khan & Sankey] Mohd Izwan Abd Rahman for the Respondent [Messrs. Faizan & Co.]

Citation

WA-28NCC-662-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-662-09/2021 (Mahkamah Tinggi)

Non‑payment of the statutory demand, coupled with dishonoured cheques and a solicitor's letter admitting cashflow problems, established a presumption of commercial insolvency which the respondent failed to rebut and no bona fide dispute on substantial grounds was shown; petition therefore succeeds and winding up orders were granted.

Malaysia Case Law

THANABALAN A/L CHATAPAN ARNOLD ANDREW A/L P. ANTHONY MUTHU

1. ) NIK JAMALULAI BIN NIK MAN 2. ) ALIAS BIN MANSOR 3. ) TAN FOONG LUEN 1. ) CONLAY CONSTRUCTION SDN BHD 2. ) CHU CHEE CHOON

PEMPETISYEN Norliza Binti Rasool Khan for the Petitioner [Messrs. Liza Khan & Sankey] Mohd Izwan Abd Rahman for the Respondent [Messrs. Faizan & Co.]