Malaysia Case Law

14 Nov 2025

1. ) CIMB BANK BERHAD 2. ) JANNY CHEAH TAN HOO ENG

Citation

A-05-202-05/2021 (Mahkamah Rayuan)

Court

Court of Appeal

Case number

A-05-202-05/2021 (Mahkamah Rayuan)

Extension of time granted because original appeal records were filed within the prescribed period, the cross-filing was a genuine clerical mistake remedied promptly and transparently, the respondent had accepted the original records without objection, and the Federal Court's 21 February 2025 decision confirmed civil procedure thereby validating the corrective filings; consequently the striking out applications fail because the irregularity has been regularized and striking out would undermine the higher court's determination.

• Extension of time
• Striking out
• Appeal records
• Cross-filing error
• Jurisdiction
• Rules of court

5 Jul 2024

HO PHOY KWANG

Citation

BA-24NCvC-574-04/2021 (Mahkamah Tinggi)

Court

High Court

Case number

BA-24NCvC-574-04/2021 (Mahkamah Tinggi)

Under the plain wording of s.60(3)(b) SMA the management corporation may either impose charges in proportion to share units or determine different rates for parcels used for significantly different purposes; the Court, bound by Pearl Suria (Court of Appeal), found the management corporation had established that components used significantly different facilities and thus lawfully determined different rates; plaintiffs failed to rebut evidential affidavits and failed to exhaust statutory remedies, so the originating summons was dismissed.

• Maintenance charges
• Sinking fund
• Exclusive use
• Statutory interpretation
• Designation of common property
• Binding precedent

DATO' TAN HENG CHEW V TAN KIM HOR (AND ANOTHER APPEAL)

Citation

DATO' TAN HENG CHEW V TAN KIM HOR (AND ANOTHER APPEAL)

Court

Malaysian court

The Federal Court held that the Court of Appeal was bound to apply the Federal Court's 'real danger of bias' test under stare decisis; the House of Lords' modification is inapplicable to Malaysia; applying the correct 'real danger of bias' test objectively to the facts, there was a real danger of bias warranting recusal, and therefore the appeals were dismissed.

• Recusal test
• Real danger of bias
• Reasonable apprehension
• Binding precedent
• Judge shopping

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (2)

Citation

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (2)

Court

Malaysian court

Because serious points of law that are likely to be decided by the Supreme Court on appeal were raised and authorities confirm the court may stay bankruptcy proceedings "at any time" for sufficient reason, the court exercised its discretion under s.97 to stay further proceedings until the appeal is heard and determined.

• Stay of proceedings
• Receiving and adjudication order
• Sufficient reason
• Binding precedent