Malaysia Case Law: Decisions & Judgments

Topic

Damages and mitigation

Legal area

Court

17 Nov 2025

OIL PARTNERS LLC SIME DARBY OILS PASIR GUDANG REFINERY SDN BHD

Citation

WA-22NCC-153-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-153-03/2023 (Mahkamah Tinggi)

Contemporaneous ISO‑accredited CoAs dated on same day as packing showing FFA below 0.1% were reliable; Plaintiff failed to discharge onus to prove inherent defects at packing; competing expert evidence preferred Defendant’s explanation that hydrolytic degradation (moisture ingress and temperature fluctuation) post-shipment caused FFA increases; under FOB Pasir Gudang risk of post-shipment deterioration passed to Plaintiff; no binding variation of payment terms for CBS contracts was concluded (17.5.2022 correspondence was a proposal subject to confirmation and internal approval and was validly…
29 Aug 2025

ISMAIL BIN ABD RAHMAN KOTA AWANGAN SDN BHD

Citation

CA-A72NCvC-307-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCvC-307-12/2022 (Mahkamah Majistret)

Plaintif failed to prove the existence of an executed written lease (document P3 was an unsigned draft) and therefore failed to discharge the burden of proof; on the evidence the defendant gave adequate warnings and followed a reasonable, staged termination procedure, so termination was lawful; the plaintiff failed to substantiate claimed damages and the defendant failed to prove its counterclaim; accordingly the plaintiff's claim is dismissed and the defendant's counterclaim is dismissed with costs to the defendant.
25 Sept 2024

CHOONG CHEAN LEE DENTESSENCE AND SMILE 28 SDN BHD

Citation

BB-A52NCvC-173-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-A52NCvC-173-11/2021 (Mahkamah Sesyen)

The court held the agreement was a contract for services (independent contractor) based on the express terms, conduct of parties, absence of employer control over manner of work, payment arrangement and lack of EPF/SOCSO contributions; the Plaintiff unilaterally breached the contract by taking extended leave and terminating without required notice, therefore Plaintiff's claims failed while Defendant's specified counterclaims for unjust enrichment and costs to replace services were allowed; costs awarded to Defendant RM10,000.
20 Dec 2023

B.G. OLEOCHEMICALS S.L. EVYAP SABUN MALAYSIA SDN BHD

Citation

WA-27NCC-56-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-56-12/2022 (Mahkamah Tinggi)

On the balance of probabilities the Court found the cargoes arrived wet and infested with insects and that the common causal factor across three separate FCL shipments was inadequate preparation/packing by the Defendant (ineffective heat-treatment timing/traceability of wooden pallets, failure to place desiccants in three of four containers, and insufficient precautions against infestation/condensation). Those failures constituted a breach of implied conditions of description, merchantable quality and fitness for purpose under SOGA ss 15 and 16. Consequently Defendant liable for Plaintiff's p…
14 Feb 2020

1. Iconic Gateway Sdn Bhd 2. Dato Neoh Soo Keat 1. Forest Steel Sdn Bhd 2. Sam Siew Chong

Citation

C-02(IM)(NCVC)-1348-07/2017 (Mahkamah Rayuan)
Court

IM
Case number

C-02(IM)(NCVC)-1348-07/2017 (Mahkamah Rayuan)

Iconic unlawfully terminated the BSPC and LA because procurement of PMLs was Iconic's responsibility and absence of licences made performance impossible; Iconic was estopped by soliciting advance payment; the corporate veil could not be lifted because fraud was not pleaded or proved; conspiracy/inducement allegations lacked pleaded particulars and evidence; damages limited to proven wasted expenditure and subject to mitigation; appellate court varied specific awards and costs accordingly.
23 Oct 2019

ASIA GROUP SDN. BHD. (NO. SYARIKAT : 202054-U) WORTHY BUILDERS SDN. BHD. (NO. SYARIKAT : 248077-U)

Citation

WA-12BNCVC-23-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCVC-23-03/2019 (Mahkamah Tinggi)

The court upheld the trial findings that the plaintiff breached the subcontract by failing to perform the contracted T‑Beam works and issuing irregular invoices, that the parties had agreed to direct payment by PSSB, and that on the balance of probabilities the plaintiff failed to prove its claim; the trial judge's factual findings and credibility assessments were entitled to deference and thus the plaintiff's claim was dismissed.

Malaysia Case Law

OIL PARTNERS LLC SIME DARBY OILS PASIR GUDANG REFINERY SDN BHD

ISMAIL BIN ABD RAHMAN KOTA AWANGAN SDN BHD

CHOONG CHEAN LEE DENTESSENCE AND SMILE 28 SDN BHD

B.G. OLEOCHEMICALS S.L. EVYAP SABUN MALAYSIA SDN BHD

1. Iconic Gateway Sdn Bhd 2. Dato Neoh Soo Keat 1. Forest Steel Sdn Bhd 2. Sam Siew Chong

ASIA GROUP SDN. BHD. (NO. SYARIKAT : 202054-U) WORTHY BUILDERS SDN. BHD. (NO. SYARIKAT : 248077-U)