Malaysia Case Law: Decisions & Judgments

Topic

Declaration of invalidity

Legal area

Court

17 Jul 2025

PUA KOK HONG PUAH CHOON WEI

Citation

AA-22NCvC-105-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-105-12/2023 (Mahkamah Tinggi)

The counterclaim was struck out because it sought to re-litigate the same factual and legal issues already finally determined against the Defendant by summary judgment, thereby disclosing no reasonable cause of action and amounting to an abuse of process barred by res judicata; accordingly striking out under Order 18 r 19 and inherent jurisdiction was warranted.
25 Apr 2024

1. ) Goh Choon Kim 2. ) Ong Ah Poh 1. ) Natural Transforms Sdn Bhd 2. ) Chan Eng Leong

Citation

PA-24NCvC-954-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-954-12/2020 (Mahkamah Tinggi)

Considering the matrix of fact — the corresponding Share Sale Agreements (SSA1, SSA2), contemporaneous documents evidencing payment and transfer, parties' conduct (recognition and registration of defendants as shareholders), plaintiffs' earlier pleadings in Suit 8 asserting a collateral contract/trust, and the inconsistency of plaintiffs' later position — the court found the parties intended an outright sale and transfer of existing shares, not a subscription of new shares; plaintiffs failed to perform any obligations they now rely on and are judicially estopped from their inconsistent stance…
22 Feb 2021

1. QI SHENG SDN.BHD. 2. TAI WENG KEN 3. GOCO INDUSTRIES SDN. BHD. 1. FOONG YIT MENG 2. RADICAL GALAXY SDN.BHD.

Citation

WA-24IP-2-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24IP-2-02/2020 (Mahkamah Tinggi)

The plaintiffs lacked substantive locus standi and therefore were not 'aggrieved persons' under s.47 Trademarks Act 2019; the application was dismissed without reaching merits. Further, plaintiffs were estopped from challenging the defendants' marks due to the prior Trade Description Order and related findings, precluding relitigation; costs awarded to defendants.

Malaysia Case Law

PUA KOK HONG PUAH CHOON WEI

1. ) Goh Choon Kim 2. ) Ong Ah Poh 1. ) Natural Transforms Sdn Bhd 2. ) Chan Eng Leong

1. QI SHENG SDN.BHD. 2. TAI WENG KEN 3. GOCO INDUSTRIES SDN. BHD. 1. FOONG YIT MENG 2. RADICAL GALAXY SDN.BHD.