Malaysia Case Law: Decisions & Judgments

Topic

Collateral agreement

Legal area

Court

12 Feb 2025

Afzal Nizaam Bin Mohd Firdawos [Selaku Pentadbir Harta Pusaka Mohd Firdawos Bin Shaharudin, (No. K/p: 530423-10-5647), Si Mati] Pustaka Alif Shafri Bin Shaharuddin (No. K/p: 660427-10-7709) (Si Mati) [Melalui Pentadbirnya, Herlina Binti Yaa

Citation

BA-22NCvC-117-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-117-03/2023 (Mahkamah Tinggi)

On the balance of probabilities the recorded family conversation established a collateral agreement and clear intention by Alif to allocate one half of the sale proceeds to his brother Mohd Firdawos; a constructive trust therefore arose in favour of the estate of Mohd Firdawos notwithstanding the earlier partition order. The handwritten note lacked sufficient authentication and was given little weight. Consequently declaratory relief recognizing Alif (and his administrator/heirs) as trustee for half the disputed land/proceeds was granted and the defendant's counterclaim to remove the caveat s…
10 May 2024

United Overseas Bank (Malaysia) Bhd 1. ) TRT Engineering (M) Sdn. Bhd 2. ) Subramaniam A/L Natesan 3. ) Geetha A/P Trimoorthi 4. ) Sarina Binti Mohd Ali

Citation

BL-22NCC-16-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCC-16-11/2023 (Mahkamah Tinggi)

Plaintiff fulfilled the statutory and evidential prerequisites for judgment under Order 14; defendants failed to adduce affidavits or contemporaneous documentary evidence raising triable issues or demonstrating that notification letters or any alleged collateral agreement varied the written facility terms; guarantor clause rendered defendants liable as principal debtors; therefore summary judgment was appropriate and granted with costs.
10 Oct 2023

United Overseas Bank (China) Limited, Chengdu Branch Siow Kwang Joon @ Siow Kwong Shang

Citation

JA-22NCC-22-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-22-04/2019 (Mahkamah Tinggi)

On the balance of probabilities the Defendant failed to prove the existence of the alleged oral collateral agreement; even if such an agreement existed it would be barred by Section 92 of the Evidence Act 1950 because it contradicts or seeks to vary the unambiguous written personal guarantee. Therefore the written guarantee controls and the Plaintiff is entitled to judgment for the indebtedness shown in the certificate of indebtedness.
14 Feb 2023

AYER ITAM PROPERTIES SDN BHD 1. ) NG KOK CHEANG 2. ) MOHAMMAD ZUBNI BIN ISMAIL 3. ) YEOH GIM CHEW 4. ) GOH SOO SING PIHAK KETIGA 1. ) My City Ventures Sdn. Bhd. 2. ) Sentuhan Budiman Sdn. Bhd.

Citation

PA-22NCvC-106-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-106-04/2019 (Mahkamah Tinggi)

The applications for third‑party disclosure (Annexures 35 and 37) were dismissed because the alleged collateral agreement was not shown to exist and was inconsistent with the SPA and MA, the Cayman Sale was irrelevant to defendants' contractual obligations and plaintiff's pleaded claim, and the documents sought were not sufficiently specified and amounted to a fishing expedition or abuse of process; accordingly no disclosure was ordered and costs were awarded against the applicants.
29 Jun 2022

VIOLET CIRCLE SDN BHD 1. ) TROPICFAIR SDN BHD 2. ) TAN SRI DATO SERI VINCENT TAN CHEE YIOUN 3. ) BERJAYA ASSETS BERHAD

Citation

WA-24NCC-96-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-96-02/2022 (Mahkamah Tinggi)

The alleged collateral agreement is inconsistent with the express terms of the written Share Sale Agreement which places the obligation to pay the purchase price solely on the 1st defendant; accordingly ss 91 and 92 of the Evidence Act bar admission of the collateral agreement and the plaintiff's claim against the 2nd and 3rd defendants disclosed no sustainable cause of action and was struck out.

Malaysia Case Law

Afzal Nizaam Bin Mohd Firdawos [Selaku Pentadbir Harta Pusaka Mohd Firdawos Bin Shaharudin, (No. K/p: 530423-10-5647), Si Mati] Pustaka Alif Shafri Bin Shaharuddin (No. K/p: 660427-10-7709) (Si Mati) [Melalui Pentadbirnya, Herlina Binti Yaa

United Overseas Bank (Malaysia) Bhd 1. ) TRT Engineering (M) Sdn. Bhd 2. ) Subramaniam A/L Natesan 3. ) Geetha A/P Trimoorthi 4. ) Sarina Binti Mohd Ali

United Overseas Bank (China) Limited, Chengdu Branch Siow Kwang Joon @ Siow Kwong Shang

AYER ITAM PROPERTIES SDN BHD 1. ) NG KOK CHEANG 2. ) MOHAMMAD ZUBNI BIN ISMAIL 3. ) YEOH GIM CHEW 4. ) GOH SOO SING PIHAK KETIGA 1. ) My City Ventures Sdn. Bhd. 2. ) Sentuhan Budiman Sdn. Bhd.

VIOLET CIRCLE SDN BHD 1. ) TROPICFAIR SDN BHD 2. ) TAN SRI DATO SERI VINCENT TAN CHEE YIOUN 3. ) BERJAYA ASSETS BERHAD