Malaysia Case Law: Decisions & Judgments

Topic

Calculation of interest

Legal area

Court

14 May 2024

PEMIUTANG PENGHAKIMAN 1. ) CHENG YONG PIN 2. ) BAN CHUN HUNG 3. ) HI PEI SHAN PENGHUTANG PENGHAKIMAN NG MEI YOONG

Citation

JA-29NCC-815-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-815-11/2023 (Mahkamah Tinggi)

The chamber application to set aside the bankruptcy notice was dismissed: the High Court judgment relied upon was final for bankruptcy purposes despite a pending leave application; the minor under‑calculation of RM33.57 did not mislead or prejudice the debtor and was curable under section 131 of the Bankruptcy Act 1967; and the debtor failed to prove solvency. Costs of RM1,000 were awarded to the judgment creditors subject to allocatur.
3 Feb 2022

Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]

Citation

BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)

Court granted extension of time because the MCO constituted a special circumstance preventing the debtor from acting within seven days; on the evidence and on balance of probabilities the hire-purchase agreement was revived by mutual conduct and accepted payments, thereby superseding and varying the original 2014 judgment so non-compliance could not constitute an act of bankruptcy; the interest claimed was inaccurate and excessive; accordingly the creditor's appeal was dismissed and costs awarded to the debtor.
17 Jan 2022

ITRAMAS TECHNOLOGY SDN BHD RAPS SOLUTION SDN BHD

Citation

BA-24C-60-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-60-09/2021 (Mahkamah Tinggi)

The High Court held the adjudicator did not breach the second rule of natural justice (and even if a breach occurred it was not material or likely to affect the outcome), the adjudicator acted within CIPAA powers in computing interest, Itramas failed to discharge the burden to obtain a stay and had not lawfully instituted arbitration in breach of mandatory contractual dispute resolution, and consequently enforcement under s28 CIPAA was allowed while the setting aside and stay applications were dismissed.
24 Nov 2021

GERALD ANTHONY GREENALL (Identity Card No.: 580626075439) ICON VENTURE CAPITAL SDN. BHD. (Business Registration No.: 1246743-K )

Citation

WA-22NCvC-124-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-124-03/2021 (Mahkamah Tinggi)

The writ and statement of claim were struck out because the plaintiff's core allegations were contradicted by contemporaneous documents and were inherently improbable on affidavit, no triable issue was established on duress or unlawful interest, the disputed calculation error had been corrected and the same issues had been raised and decided in prior foreclosure proceedings making the present suit an abuse of process; costs awarded RM10,000.
10 Sept 2020

Yeoh Jit Wei for the Appellant Judgment Debtor [Messrs JW Yeoh & Fenn] Ivan Ho for the Respondent Judgment Debtor [Messrs Ho & Rakan-rakan]

Citation

DALAM KEBANKRAPAN NO. WA-29NCC-1559-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DALAM KEBANKRAPAN NO. WA-29NCC-1559-05/2019 (Mahkamah Tinggi)

Because the summary judgment was silent as to joint and several liability, the Judgment Debtor could not be treated as liable for the entire judgment sum in bankruptcy proceedings; the bankruptcy notice incorrectly claimed the full sum against the JD and therefore was invalid and set aside.

Malaysia Case Law

PEMIUTANG PENGHAKIMAN 1. ) CHENG YONG PIN 2. ) BAN CHUN HUNG 3. ) HI PEI SHAN PENGHUTANG PENGHAKIMAN NG MEI YOONG

Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]

ITRAMAS TECHNOLOGY SDN BHD RAPS SOLUTION SDN BHD

GERALD ANTHONY GREENALL (Identity Card No.: 580626075439) ICON VENTURE CAPITAL SDN. BHD. (Business Registration No.: 1246743-K )

Yeoh Jit Wei for the Appellant Judgment Debtor [Messrs JW Yeoh & Fenn] Ivan Ho for the Respondent Judgment Debtor [Messrs Ho & Rakan-rakan]