Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Common law recognition of foreign judgments

Legal area

Court

19 Dec 2023

FLARE BUILDING MATERIALS LLC PEMBINAAN SPK SDN BHD

Citation

WA-24NCvC-2478-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2478-08/2022 (Mahkamah Tinggi)

Although the foreign (Abu Dhabi) judgment and translations were admissible and limitation was properly extended by part payments in 2021, the Plaintiff failed to discharge the evidential burden to prove that the Defendant is the same legal entity as SPK–Abu Dhabi; absence of any probative evidence of identity/privity meant no cause of action against the Defendant and the Originating Summons must be dismissed.
19 Dec 2023

Tetuan Chiong & Partners Tetuan Kit & Associates

Citation

WA-24NCVC-2478-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-2478-08/2022 (Mahkamah Tinggi)

Although the Abu Dhabi judgment and its certified translations met the evidentiary requirements under the Evidence Act and part payments in 2021 revived limitation, the Plaintiff failed to prove on the balance of probabilities that the Defendant is the same entity as SPK–Abu Dhabi or that the Defendant made the part payments; consequently the Plaintiff lacked locus standi and no cause of action was established against this Defendant, warranting dismissal of the Originating Summons with costs.