Malaysia Case Law: Decisions & Judgments

Topic

Breach of natural justice

Legal area

Court

10 Dec 2025

PUNCAK KENANGAN (M) SDN BHD 1. ) SYED SAZLEE BIN SYED HAMZAH 2. ) Suruhanjaya Syarikat Malaysia (SSM) 3. ) KHOO KIAM CHONG

Citation

WA-22NCC-221-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-221-05/2022 (Mahkamah Tinggi)

The Court held that OS 142 and the Consent Order dated 20.6.2019 were procured by conscious and deliberate concealment of material facts (fraud), were instituted pursuant to champertous arrangements that are void as contrary to public policy, and were taken in a manner excluding affected parties in breach of natural justice; accordingly the Consent Order and OS 142 are impeached and set aside in their entirety and associated declarations of illegality are granted; costs awarded on standard basis (RM100,000 per plaintiff suit and RM15,000 to SSM).
24 Nov 2025

GLOMAC KRISTAL SDN BHD NORTON CONSTRUCTION SDN BHD

Citation

WA-24C(ARB)-30-07/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-30-07/2025 (Mahkamah Tinggi)

Plaintiff failed to prove any of the narrow statutory grounds in s37: the arbitrator considered the parties' submissions and evidence, made fact-based credibility determinations (including that plaintiff waived strict notice requirements and that plaintiff's expert lacked independence), and resolved contract interpretation and causation questions within her jurisdiction; therefore the setting aside application was dismissed and the Award registered and enforced under s38 as formal requirements were met.
5 May 2025

1. ) PT WIJAYA KARYA (PERSERO) TBK (A COMPANY INCORPORATED UNDER THE LAWS OF REPUBLIC OF INDONESIA) 2. ) WIJAYA KARYA PERSERO SDN. BHD. 1. ) ZECON BERHAD 2. ) ZECON CONSTRUCTION (SARAWAK) SDN. BHD.

Citation

Q-02(C)(A)-1971-10/2021 (Mahkamah Rayuan)
Court

C
Case number

Q-02(C)(A)-1971-10/2021 (Mahkamah Rayuan)

The Court of Appeal allowed the appeal and affirmed the arbitral award because the parties consented to a single arbitration, PMSA-2 operated as a supplementary agreement to PMSA-1, implied agency and the group-of-companies context bound the principals and nominees such that the tribunal had jurisdiction under s.18(7) Arbitration Act 2005, the dispositive portion was sufficiently certain, and there was no serious/material breach of natural justice that would have affected the outcome.
19 Mar 2025

Bandari Simma Realty Sdn. Bhd. TAN BON KIAT

Citation

JA-12BNCvC-30-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-30-12/2023 (Mahkamah Tinggi)

The High Court held the Sessions Court did not misdirect itself: the SCJ validly exercised discretion in refusing an adjournment and dismissing the counterclaim for the appellant's solicitors' non‑appearance given the history of tactical delays, prior warnings, lack of credible justification and prejudice; there was no breach of natural justice and appellate intervention was unwarranted; punitive costs were appropriate for abuse of process.
10 Mar 2025

PEMBINAAN JAYA ZIRA SDN BHD SUNGAI LUI CONSTRUCTION & DEVELOPMENT SDN BHD

Citation

WA-24C(ARB)-57-08/2024 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-57-08/2024 (Mahkamah Tinggi)

The court found PJZ's challenges amounted to impermissible review/appeal of the arbitrator's factual and evaluative findings; there was no proven 'Ali Baba' illegality, no breach of natural justice regarding the Addendum, and the Arbitrator properly considered termination notices and the evidence on Category 1 and 2 claims; accordingly the Final Award is valid, recognized and enforceable and the application to set aside is dismissed.
12 Feb 2025

MRCB BUILDERS SDN. BHD. BRILLIANT STAR CONSTRUCTION (M) SDN BHD

Citation

WA-24C(ARB)-34-05/2024 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-34-05/2024 (Mahkamah Tinggi)

The court set aside the arbitrator's Final Award under s37 AA 2005 because the arbitrator made a serious and material error in relation to the effect of section 33A of the CIDB Act 1994 on the contract and Award; that error was likely to have affected the outcome and thus enforcement would be injurious to public good and justice. The court refused to remit the dispute to a new tribunal and ordered relief in favour of the application to set aside (granted specified prayers of OS34) and dismissed the enforcement application (OS49).
12 Feb 2025

BRILLIANT STAR CONSTRUCTION (M) SDN BHD MRCB BUILDERS SDN BHD

Citation

WA-24C(ARB)-49-07/2024 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-49-07/2024 (Mahkamah Tinggi)

The Court found that s33A CIDB Act 1994 imposes a mandatory statutory requirement for skilled construction workers to be accredited; the Arbitrator materially erred in law in relation to that statutory obligation in a manner likely to have affected the outcome. That error engaged public policy and justified setting aside the Award under s37 AA 2005. The Court held it had no power to remit the dispute to a new tribunal and therefore set aside the Award and dismissed the enforcement application.
26 Jul 2024

AGILE PJD DEVELOPMENT SDN BHD CHINA CONSTRUCTION YANGTZE RIVER (MALAYSIA) SDN BHD

Citation

WA-24C-39-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-39-03/2024 (Mahkamah Tinggi)

The Court held there was no breach of natural justice and no clear and unequivocal error because the CNC was never produced to the adjudicator despite opportunities to do so; therefore the adjudicator was entitled to decide on the available evidence. Consequently the setting aside application and stay applications were dismissed and the adjudication decision was enforceable and granted in terms under s28 CIPAA.
17 Jul 2024

1. ) Lee Oi Kum 2. ) Ng Kah Hoh 3. ) Sadasivan Sivaji Century Software (M) Sdn Bhd

Citation

BA-24NCvC-726-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-726-04/2024 (Mahkamah Tinggi)

The High Court dismissed the originating summons as an abuse of process because it amounted to multiplicity and directly interfered with an appeal already pending in another division of the High Court on the same subject matter; the application was premature and the proper course was to permit the appeal to be determined first; costs were awarded to the defendant.
28 Feb 2024

SIME DARBY ENERGY SOLUTIONS SDN BHD Jabatan Insolvensi Malaysia

Citation

BA-24C(ARB)-7-06/2023 (Mahkamah Tinggi)
Court

ARB
Case number

BA-24C(ARB)-7-06/2023 (Mahkamah Tinggi)

The High Court dismissed SDES's application to set aside the Award and allowed enforcement: the arbitrator acted within her jurisdiction, applied the contract terms and relevant authorities, did not breach natural justice nor offend Malaysian public policy, and was entitled to decline to imply a contractor's right to apply for EOT absent an express contractual provision; the Award is final and enforceable.