Malaysia Case Law: Decisions & Judgments

Topic

Breach of covenant

Legal area

Court

3 Sept 2025

MINSYAM SDN BHD CHOO LIN (M) SDN BHD

Citation

BA-12B-34-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-34-04/2025 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden to prove a lawful periodic tenancy and lacked corporate authority to represent the company; the Sessions Court correctly found no breach by Defendant as the 2018 lease had expired and Defendant validly entered a new lease with Rizq Teja Resources; therefore appeal dismissed and lower court decision upheld.
3 Feb 2023

1. ) WONG CHIU CHEE 2. ) LAI CHING KEONG CHAN PHUI MUN

Citation

BH-A72NCvC-32-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-A72NCvC-32-03/2021 (Mahkamah Majistret)

Defendant failed to prove breach of s.5.03 of the Tenancy Agreement and thus was not justified in withholding rent or in the counter-claim; plaintiffs entitled to unpaid rent (RM3,252), double rent for period of holding over on pro-rata basis (RM4,000) and restoration costs (RM1,300); defendant’s counter-claim and claims for aggravated, punitive and general damages dismissed; costs awarded to plaintiffs according to scale.
26 Jul 2022

BANK PERTANIAN MALAYSIA BERHAD 1. ) NALURI MILENIUM SDN BHD 2. ) AWAN TIMUR KLUANG SDN BHD

Citation

JA-22M-39-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22M-39-09/2021 (Mahkamah Tinggi)

The court found the First Defendant breached the affirmative covenants (Clause 21) thereby triggering an event of default (Clause 32); the Plaintiff was therefore entitled to withhold the balance facility, validly terminated the financing, and the notices of termination and demand were enforceable; Defendants failed to raise triable issues, so summary judgment was proper.

Malaysia Case Law

MINSYAM SDN BHD CHOO LIN (M) SDN BHD

1. ) WONG CHIU CHEE 2. ) LAI CHING KEONG CHAN PHUI MUN

BANK PERTANIAN MALAYSIA BERHAD 1. ) NALURI MILENIUM SDN BHD 2. ) AWAN TIMUR KLUANG SDN BHD