Malaysia Case Law: Decisions & Judgments

Topic

Clean hands

Legal area

Court

16 Apr 2026

MALAYSIA VEGETABLE OIL REFINERY SDN BHD 1. ) EAST ASIA UNITED INDUSTRIAL HOLDINGS SDN BHD 2. ) Zhang Weimin

Citation

JA-22E-1-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22E-1-12/2025 (Mahkamah Tinggi)

Plaintiff's interim injunction applications fail: although there is a triable dispute, the plaintiff's case lacks sufficient factual strength at interlocutory stage; the balance of convenience and justice favours defendants because the injunction sought is quasi-mandatory and would cause immediate, significant, and irreparable prejudice while plaintiff's alleged losses are capable of being compensated by damages; and plaintiff failed equitable prerequisites (unreasonable delay, incomplete full and frank disclosure in the ex parte application, issues as to clean hands and procedural abuse). Ac…
9 Jan 2026

PEMPETISYEN BOWO TECHNOLOGY SDN BHD 1. ) BOWO MANUFACTURING SDN BHD 2. ) XXXX

Citation

JA-28NCC-153-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-153-08/2025 (Mahkamah Tinggi)

On the balance of probabilities petitioner failed to meet the substantive threshold under s.465(1)(f) and/or s.465(1)(h); the petition displayed features of abuse of process and petitioner did not come with clean hands; and winding up would be a disproportionate overkill in the factual matrix — therefore the petition is dismissed and costs awarded to respondents.
25 Oct 2024

1. ) PRITAM SINGH AGENCY SDN BHD 2. ) GULSHANJIT KAUR A/P PRITAM SINGH 3. ) JAGDEV SINGH SIDHU BRAR MALAYAN BANKING BERHAD

Citation

AA-22NCvC-102-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-102-11/2023 (Mahkamah Tinggi)

No bona fide issue was established because plaintiffs failed to act in good faith and did not avail themselves of the remedy offered by the defendant; the plaintiffs' losses are primarily financial and compensable by damages; the balance of convenience favours the defendant because continued use of vehicles without payment causes greater injustice and repossession is lawful; therefore the interlocutory injunction is refused.
11 Jul 2024

PESTECH SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

Citation

WA-22C-44-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-44-06/2023 (Mahkamah Tinggi)

The court dismissed the ex parte/inter partes injunction because on the balance of probabilities there were prima facie bona fides issues and potential inequity by the plaintiff, ownership of the machineries could not be resolved without a full trial and viva voce evidence, the public interest and potential harm to the Project weighed against granting a mandatory injunction, and damages were an adequate remedy; accordingly interlocutory equitable relief was refused subject to protective undertakings by the defendant.
22 Dec 2022

MUHAMAD BIN SHAFFIE ABD RAHMAN FRESH MART SDN. BHD.

Citation

KD-B52NCvC-3-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KD-B52NCvC-3-06/2022 (Mahkamah Sesyen)

Because the leased premises were constructed without lawful planning/building approval and the plaintiff sought recovery in respect of an unlawful structure, the plaintiff had no legal right to pursue the claim; payments of utilities or assessment rates do not validate the construction; plaintiff's conduct amounted to coming to court with unclean hands; accordingly the defendant's summary application was allowed under the court rules and costs awarded to the defendant.
13 Apr 2022

JA-12ANCvC-95-11/2021 (Mahkamah Tinggi)

Citation

JA-12ANCvC-95-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12ANCvC-95-11/2021 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's grant of a mandatory interlocutory injunction because the respondent demonstrated a serious issue to be tried, the balance of convenience favored immediate return (risk of damage if left with appellants), the appellants' repairer\u2019s lien was limited to payment for repairs and could be compensated (a sum was already paid), and the higher standard for mandatory injunctions was satisfied; accordingly the appeal was dismissed with costs.

Malaysia Case Law

MALAYSIA VEGETABLE OIL REFINERY SDN BHD 1. ) EAST ASIA UNITED INDUSTRIAL HOLDINGS SDN BHD 2. ) Zhang Weimin

PEMPETISYEN BOWO TECHNOLOGY SDN BHD 1. ) BOWO MANUFACTURING SDN BHD 2. ) XXXX

1. ) PRITAM SINGH AGENCY SDN BHD 2. ) GULSHANJIT KAUR A/P PRITAM SINGH 3. ) JAGDEV SINGH SIDHU BRAR MALAYAN BANKING BERHAD

PESTECH SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

MUHAMAD BIN SHAFFIE ABD RAHMAN FRESH MART SDN. BHD.

JA-12ANCvC-95-11/2021 (Mahkamah Tinggi)