Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Debt settlement
  • 19 May 2025

    PT TRI PERKASA EXPRESS GREEN GLOBAL TRANSPORT SOLUTIONS SDN. BHD.

    Citation
    WA-27NCC-45-09/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-27NCC-45-09/2023 (Mahkamah Tinggi)

    The Settlement Agreement objectively manifested an intention to transfer ownership of the specified containers to the Plaintiff upon compliance with Article 2 (which was satisfied by the annexed list of serial numbers and subsequent location information constituting supporting documents), the Curator's conduct and non‑claim of the containers corroborated transfer, and the Defendant had no contractual or customary basis to assert a general lien; therefore Plaintiff holds legal and beneficial title and is entitled to delivery up, and Defendant’s counterclaim for fees and storage fails.