Malaysia Case Law: Decisions & Judgments

Topic

Damages and quantum

Legal area

Court

23 Jan 2026

MULTI MERIDIAN SDN BHD ISKANDAR REGIONAL DEVELOPMENT AUTHORITY (IRDA)

Citation

JA-22NCvC-4-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-4-01/2020 (Mahkamah Tinggi)

The court held that the JVA was not frustrated because the AP licence cancellation was not a wholly external supervening event but was substantially linked to IRDA's own breaches and delays; Clause 4.3 allocated licensing risk to IRDA, so IRDA could not invoke frustration; IRDA breached Clause 4.3 (and Clause 25.1) by failing to preserve the AP licence and by delayed/non‑transparent disclosure to the Board; the Plaintiff proved loss on the balance of probabilities and is entitled to RM1,682,844.80 plus interest; the Defendant’s counterclaims for training costs and mismanagement/fiduciary brea…
23 Jan 2026

MULTI MERIDIAN SDN BHD ISKANDAR REGIONAL DEVELOPMENT AUTHORITY (IRDA)

Citation

JA-22NCvC-4-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-4-01/2020 (Mahkamah Tinggi)

Clause 4.3 of the JVA allocated the licensing risk to the Defendant; the licence revocation was causally linked to regulatory breaches and delayed/deficient conduct by the Defendant and was not a true external supervening event; therefore frustration under s.57(2) Contracts Act is unavailable. The Defendant breached Clause 4.3 (and Clause 25.1 obligations) causing IMSEC's collapse; Plaintiff proved loss of RM1,682,844.80 on balance of probabilities; Ecovis report admissible but of limited weight; counterclaim for training costs and mismanagement/fiduciary breach failed.
5 Dec 2025

PSHOLIDAYS.COM SDN BHD RAKAN RIANG SDN BHD

Citation

JA-A52NCvC-43-02/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-43-02/2022 (Mahkamah Sesyen)

On balance of probabilities the court found plaintiff fulfilled its contractual obligation by modifying and delivering the bus exclusively for defendant's use and keeping it available for the contract period; defendant failed to terminate the contract, failed to prove that COVID-19 measures relieved it of payment obligations and failed to call material witnesses (warranting adverse inference). Therefore plaintiff is entitled to recover the outstanding rental and reasonable repainting/repair costs and the claims in the statement of claim are allowed.
23 Apr 2025

DTN RESOURCES SDN. BHD. ASIA INTEGRAL RESOURCES SDN. BHD.

Citation

BL-22NCvC-43-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-43-10/2023 (Mahkamah Tinggi)

The court held P6 was a valid written agreement; Asia Integral failed to discharge the burden to prove its claimed loan, sales, processed tonnage and quantum of loss on the balance of probabilities; amounts paid by Asia Integral were primarily deposits (RM800,000) and payments for ore, not repayable loans; operational costs were recoverable only upon proven sale and receipt of sale proceeds; DTN was entitled to enforce the Minimum Profit Guarantee pro rata for the effective period before termination and to recover loss for unreturned processed stock; accordingly Asia Integral's claims were di…
14 Feb 2025

MOHD NIZAM BIN IBRAHIM KEMENTERIAN PERTANIAN DAN INDUSTRI MAKANAN

Citation

CA-A51NCvC-37-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A51NCvC-37-11/2021 (Mahkamah Sesyen)

Court held seizures on 18–19 April 2019 were lawful under the Animal Act 1953. Continued custody from 19 April to 9 May 2019 was justified by pending laboratory FMD test results and subsequent magistrate orders; therefore no wrongful detention claim succeeds for that period. However, on balance of probabilities the defendant failed to care for the animals adequately while in custody, resulting in animals returned emaciated and one calf lost; plaintiff entitled to limited compensatory awards (refund of bond RM4,500; RM2,850 for lost calf; RM5,200 for feeding/reconditioning) with 5% p.a. intere…
13 Dec 2024

AL MULTAZAM TRAVEL & TOURS SDN BHD RHINOAIRIEL TRAVEL & TOURS SDN BHD

Citation

AA-A72-23-11/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A72-23-11/2022 (Mahkamah Majistret)

Plaintiff discharged the burden of proof by adducing contemporaneous documentary evidence and witness testimony showing the bus was returned and that the purchase could not be completed due to the director's death; Defendant failed to prove entitlement to forfeit the deposit or to substantiate its counterclaim for instalments, lost profits or repair costs. Therefore Plaintiff is entitled to recover RM62,000 (RM100,000 less RM38,000) plus interest as claimed; Defendant’s counterclaim is dismissed for lack of evidence.
29 Feb 2024

SUCCESS PLUS CO LTD 1. ) MOHD KHAIRI BIN OTHMAN 2. ) Pengarah Kastam Diraja Malaysia Negeri Kedah 3. ) Ketua Pengarah Kastam Diraja Malaysia

Citation

KA-21NCvC-5-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-21NCvC-5-05/2019 (Mahkamah Tinggi)

The seizure and detention were lawful because they were exercised pursuant to statutory powers (Act 235 and Act 613) and supported by reasonable or probable cause; statutory immunity under s132 Customs Act 1967 and s77 Act 613 therefore barred the Plaintiff's claims for damages and costs, warranting dismissal of the claim and an award of costs to the Defendants.
28 Feb 2024

TAN SOO LEY TAN TECK POAR

Citation

BB-B52NCvC-71-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-B52NCvC-71-11/2021 (Mahkamah Sesyen)

On the balance of probabilities the court found the plaintiff had not proved that the defendant had validly repudiated or breached the contract; time for completion was not strictly of the essence given the contract language and agreed extensions due to COVID/PKP and variations; the plaintiff terminated the contract unilaterally without giving notice or opportunity to remedy, and thereby acted wrongfully; plaintiff failed to prove defects or the quantum of claimed losses, whereas defendant proved part of its counterclaim including an acknowledged RM75,000 and certain losses tied to ordered an…
30 Mar 2023

PERTUBUHAN PERGERAKAN KEBAJIKAN MASYARAKAT KUALA LUMPUR DATUK BANDAR KUALA LUMPUR

Citation

WA-21NCvC-59-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-59-09/2019 (Mahkamah Tinggi)

The suit was dismissed because the plaintiff, a registered unincorporated society, lacked capacity to sue in its own name under s.9(c) Societies Act 1966 (a fundamental non-compliance that could not be cured), and on the merits the plaintiff failed to prove misrepresentation and was in fundamental breach of the letter of offer (unauthorised construction, sub-letting, failure to obtain approvals and rent default), so equitable relief and damages were denied; the counterclaim was dismissed for want of evidence and the same statutory non-compliance.
19 Jan 2023

GAN HONG HENG (mendakwa sebagai pentadbir harta pusaka GAN HONG WEE, simati) 1. ) DR CHANDRAN A/L GNANAPPAH 2. ) ASSUNTA HOSPITAL

Citation

BA-22NCVC-250-04/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-250-04/2017 (Mahkamah Tinggi)

Court held defendants breached duties: First Defendant failed to give adequate information and proceeded with an improper, elective sinus surgery based on an incorrect diagnosis which materially contributed to the deceased's deterioration; Second Defendant owed a non-delegable duty and was vicariously and directly liable for failures of the First Defendant and the hospital's disclosure obligations; plaintiff established causation on balance of probabilities and is entitled to damages and costs; Second Defendant entitled to contractual indemnity (80%) from First Defendant, with Second Defendan…