Malaysia Case Law: Decisions & Judgments

Topic

Capacity of bankrupt

Legal area

Court

8 Dec 2025

1. ) MOHD HAFIS BIN MOHD NASIR 2. ) NURUL IZZATY BINTI ROSLAN 1. ) ZAHARUDIN BIN OTHMAN 2. ) AZHANI BINTI AZMAN

Citation

BA-22NCvC-353-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-353-08/2025 (Mahkamah Tinggi)

The court held that, on the contractual terms, the Consent to Transfer was not procured within the Approval and Extended Approval Periods and no extension was evidenced, so the SPA is deemed to have lapsed; the Undertaking Letter validly varied the SPA imposing rental and conditional renovation obligations which the Plaintiffs breached by failing to pay rent and by carrying out renovations without local authority approval; those breaches justified the Defendants' termination and entitlement to the relief claimed in the summary judgment application; accordingly Enclosure 10 was allowed and cos…
27 Jun 2022

1. ) TEGUH KUALITI SDN BHD 2. ) ZAINODDIN BIN AZAHARI SATF EQUITY HOLDINGS (M) SDN BHD

Citation

DA-12ANCvC-7-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12ANCvC-7-11/2021 (Mahkamah Tinggi)

The High Court found the Order 14 prerequisites satisfied (appearance, service, compliant affidavit) and that documentary and testimonial evidence established a prima facie case of a binding joint venture and settlement agreement with variation; the burden therefore shifted to appellants who failed to demonstrate any triable issues. The judge accepted that MJBS acted for the respondent and that appellants were estopped from denying the agreements, so summary judgment was upheld and the appeal dismissed with costs of RM6,000 subject to 4% allocator.

Malaysia Case Law

1. ) MOHD HAFIS BIN MOHD NASIR 2. ) NURUL IZZATY BINTI ROSLAN 1. ) ZAHARUDIN BIN OTHMAN 2. ) AZHANI BINTI AZMAN

1. ) TEGUH KUALITI SDN BHD 2. ) ZAINODDIN BIN AZAHARI SATF EQUITY HOLDINGS (M) SDN BHD