Malaysia Case Law: Decisions & Judgments

Topic

Clean hands doctrine

Legal area

Court

10 Apr 2026

PEMPETISYEN CHUN YOON KONG 1. ) JIN XUAN HOLDINGS SDN BHD 2. ) YAP MUN FONG 3. ) YAP VOON KUIN

Citation

WA-28NCC-433-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-433-04/2025 (Mahkamah Tinggi)

The petition to wind up was dismissed because the alleged SME loan arrangement did not demonstrate sufficient nexus or illegality as to the company's objects to justify winding up, the facts supported that JX Holdings operated as a quasi‑partnership but the petitioner had 'unclean hands' by disengaging from management, acting unilaterally in ways detrimental to the company, and delaying complaints; therefore equitable relief of winding up was inappropriate and procedural irregularities were curable under s.582 CA.
17 Nov 2025

M&C PRECISION SDN BHD PENGANGKUTAN TEY SELATAN SDN BHD PENCELAH MCLEAN PLASTIC ENGINEERING SDN. BHD.

Citation

JA-24NCvC-1343-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-1343-09/2025 (Mahkamah Tinggi)

The injunction application is dismissed because, despite a serious question to be tried, there are disputed material facts requiring full trial, the plaintiff failed to demonstrate irreparable harm (damages are adequate), the balance of convenience favours the defendant, and equitable relief is barred by concerns over the plaintiff's conduct (clean hands).
4 Nov 2025

NURZAILA BINTI AHMAD SUFFIAN SUHANI BINTI MD NASIR

Citation

JA-23NCvC-15-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-23NCvC-15-07/2025 (Mahkamah Tinggi)

The court found on the available contemporaneous evidence (WhatsApp messages, Threads screenshots, police report and medical report) that there is a serious question to be tried constituting harassment, damages would not adequately remedy the emotional, psychological and reputational harm and the risk of dissemination of intimate images, and the balance of convenience favors granting a tailored interim injunction that restrains harassment and defamatory publications while preserving lawful communication about the children.
15 Oct 2025

BAGUS HOLIDAYS SDN BHD 1. ) CITYVILLA CONSTRUCTION SDN BHD 2. ) THAM GIAP CHAI 3. ) THAM CHENG LOCK 4. ) THAM YE-JIN 5. ) LOK KUI LEN

Citation

JA-22NCvC-63-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-63-06/2024 (Mahkamah Tinggi)

Application dismissed because the reliefs sought were final in nature and inappropriate at the interlocutory stage; plaintiff failed key interlocutory requirements — there was no demonstrated urgency or irreparable harm justifying immediate mandatory relief, damages were an adequate remedy for the financial loss claimed, the balance of convenience favoured defendants, plaintiff came with unclean hands due to substantial unpaid charges under the Deed of Covenant, and the proposed Registrar's Caveat remedy was procedurally premature and within the exclusive statutory domain of the Land Registra…
5 Aug 2025

WONG TZY JIAN 1. ) WONG KEH YEN 2. ) REAL HARVEST PTE LTD 3. ) KEH YEN, NG & PARTNERS

Citation

WA-22NCC-357-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-357-06/2025 (Mahkamah Tinggi)

The injunction was granted because the plaintiff has raised a serious triable issue that he is the beneficial owner and that the 1st Defendant holds the share as nominee/trustee; there is admitted past dissipation of substantial company funds and a real risk of further dissipation making damages inadequate; on balance of convenience preservation of the funds pending trial is justified; res judicata did not bar the claim as the prior decision was interlocutory and the previous suit was withdrawn with liberty to file afresh.
21 Apr 2025

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

Citation

WA-22NCC-332-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-332-05/2024 (Mahkamah Tinggi)

The claim was struck out because the plaintiffs' pleaded case and affidavits admitted conduct consistent with a sham yet produced no contemporaneous internal documents to support the sham allegation; contemporaneous executed documents (Share Sale Agreement, Form of Transfer, Trust Deed, Supplemental Agreement, letters, and actual cheque instalments) and post-acquittal conduct demonstrated a genuine sale; the plaintiffs failed to discharge the burden to show the Patel trio of considerations displace in pari delicto; the writ and Amended Statement of Claim disclosed no reasonable cause of actio…
5 Dec 2024

MADURAI VEERAN A/L VEERAMALAI 1. ) GURUMOORTHY A/L VETHIAH 2. ) DERARAJ A/L MUTHUSAMY

Citation

BA-22NCvC-142-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-142-04/2023 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff proved a 1/3 beneficial interest: the plaintiff's name appears on the Sale and Purchase Agreement and bank financing documents (including loan approval, assignment and deed of receipt and reassignment) and testimony supported an oral contribution to the deposit; defendants' equitable defences and assertions of withdrawal or exclusive beneficial ownership by third parties were insufficiently proven; equity therefore protects the plaintiff's beneficial interest and court granted equitable relief (sale or buyout) and costs.
18 Nov 2024

OCBC Al-Amin Bank Berhad Mohd Naza Bin Osman Ali (Si Bankrap diwakili oleh Ketua Pengarah Insolvensi)

Citation

JA-24MFC-400-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24MFC-400-05/2024 (Mahkamah Tinggi)

Plaintiff elected to realize the charged property (issue Notice of Recall and Form 16D) and therefore, having accepted payments afterwards and given inconsistent assurances culminating in acceptance and clearance of cheques, the plaintiff acted inconsistently and without clean hands; that inconsistent conduct established cause to the contrary under s256(3) National Land Code and justified refusing the order for sale; accordingly the originating summons for sale is dismissed with costs.
3 Aug 2023

1. ) CHAN KOK SUNG 2. ) CHAN WAI KIT 1. ) ACCUPRO SDN BHD 2. ) Tan Chin Siea

Citation

B-02(NCC)(A)-2403-12/2022 (Mahkamah Rayuan)
Court

NCC
Case number

B-02(NCC)(A)-2403-12/2022 (Mahkamah Rayuan)

Appeal allowed: the winding-up order could not be relitigated by the High Court where it had been set aside in reliance on a valid settlement; respondents who proposed and partially performed the settlement cannot now deny it (clean hands/estoppel); the settlement did not constitute an undue preference because payments were made by the third party as principal from its own funds and created privity; accordingly the settlement is valid, Accupro breached by default and must pay RM221,143.28 plus 8% p.a. from 01.06.2021; guarantor Tan Chin Siea jointly and severally liable; High Court orders all…
2 Jun 2023

BEE LEONG BRICKWORKS SDN. BERHAD PONG CHING KEONG

Citation

CA-22NCC-8-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-22NCC-8-12/2022 (Mahkamah Tinggi)

The application was dismissed because the plaintiff's own prior statements and affidavits (including admissions in Judicial Management proceedings) undermined the claim that the 2016 transaction was a sham, showed inconsistent narratives pleaded in different courts, and demonstrated the plaintiff had not come to court with clean hands; accordingly the plaintiff failed to establish a bona fide serious issue and that the balance of convenience favoured injunction relief.