Malaysia Case Law: Decisions & Judgments

Topic

Declaratory reliefs

Legal area

Court

24 Oct 2025

KALBANA A/P SATHASIVAM ASHVIN A/L SATHASIVAM

Citation

BA-22NCvC-186-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-186-05/2024 (Mahkamah Tinggi)

Plaintiff was entitled to summary judgment because her affidavit evidence and documentary proof established that she provided the purchase monies and sole financial responsibility for the property such that the defendant’s share was held on resulting/bare trust for her and the defendant failed to raise a triable issue on affidavit. The defendant’s counterclaim was struck out because it lacked particulars and disclosed no reasonable cause of action, being plainly unsustainable.
3 Mar 2025

1. ) Kerajaan Malaysia 2. ) KEMENTERIAN KESIHATAN MALAYSIA 1. ) Dr Vijaendreh A/P Subramaniam 2. ) Dr Che Amir Farid Bin Che Isahak

Citation

01(f)-16-04/2024(W) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-16-04/2024(W) (Mahkamah Persekutuan)

Declarations were permissible and did not amount to abuse of process or impermissibly interfere with criminal investigation; on statutory construction the Poisons Act 1952 (sections 18, 19 and 21) expressly permits registered medical practitioners to sell, supply or administer Group B poisons (including Ivermectin) to their patients for treatment and that right is not nullified by the Sale of Drugs Act 1952 or the Control of Drugs and Cosmetics Regulations 1984; subsidiary regulations cannot curtail primary legislation; appeal dismissed and Court of Appeal decision affirmed.
22 Nov 2024

1. ) SUPERINTENDANT OF LAND AND SURVEY KUCHING 2. ) GOVERNMENT OF THE STATE OF SARAWAK 1. ) BISI ANAK JINGGOT 2. ) Collin Marayang 3. ) David Anak Ribut 4. ) Lisah (F) Anak Iban 5. ) Iba Anak Dagang 6. ) Nelson Ngelambai Anak Wam 7. ) Adrin

Citation

Q-01(IM)(NCvC)-245-05/2021 (Mahkamah Rayuan)
Court

IM
Case number

Q-01(IM)(NCvC)-245-05/2021 (Mahkamah Rayuan)

The Court held that the proper remedy for any deprivation of NCR resulting from alienation is damages under s.197 Sarawak Land Code (per TR Nyutan and Husli), that the plaintiffs had knowledge of the alienation (evidenced by MACC report in 1995) so their claim was filed outside the statutory limitation under s.202 and PAPA s.2(a), that alleged fraud pleaded only in the Reply could not revive limitation, and therefore the declaratory reliefs were unsustainable and the action was struck out; the Court allowed the appeal and set aside the High Court order.
27 Jun 2023

AURORA INDUSTRIES SDN BHD 1. ) KLANGGROUP HOLDINGS SDN BHD 2. ) ONG KWEE LEE 3. ) GAN THIAM KOK 4. ) GOLDEN VALLEY INDUSTRIES SDN BHD

Citation

BA-22NCvC-152-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-152-04/2023 (Mahkamah Tinggi)

The stay was granted because there is clear commonality of parties, facts and overlapping issues between the writ action and the winding up petition; s470 CA 2016 empowers the court to stay pending winding up to protect proper administration, avoid multiplicity and preserve parity among creditors; the defendants satisfied the applicable threshold and the application was bona fide and not merely for delay.
29 Mar 2023

Messrs Chee Hoe & Associates 1. ) Joint Management Body - Zenith 2. ) Seow Meng Wah 3. ) Audrey Yeow Poh Lin 4. ) Chan Yao Hsien 5. ) Teh Woan Cian 6. ) Kevin Yap Kang Yi 7. ) Kong Soo 8. ) Tina Leong Siew Mun

Citation

BA-22NCVC-480-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-480-11/2022 (Mahkamah Tinggi)

The Plaintiff, being a law firm with no proprietary interest, occupation, privity of contract or special nexus to the strata parcels, lacked locus standi to sue the 2nd to 8th Defendants for alleged fiduciary breaches and related reliefs; accordingly those claims were clearly unsustainable and were struck out under O.18 r.19 with costs.
17 Feb 2023

MERIDIAN CONTRACTS SDN BHD BAUER (MALAYSIA) SDN BHD

Citation

WA-24C-137-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-137-07/2022 (Mahkamah Tinggi)

The Court held the 2nd Adjudicator acted in excess of his jurisdiction by deciding the Defendant's damages/LAD set-off which had been finally resolved by the 1st Adjudication and affirmed by appellate process, therefore the 2nd Adjudication Decision dated 15.11.2021 was set aside under s15(d) CIPAA; declaratory reliefs against AIAC/adjudicator and refund of fees were dismissed as impermissible or unavailable under the statutory scheme.
17 Mar 2021

GRANSTEP DEVELOPMENT SDN BHD TAN CHONG HENG CONSTRUCTION SDN BHD

Citation

WA-24C-247-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-247-12/2020 (Mahkamah Tinggi)

The Court dismissed the plaintiff's declaratory application because the first payment claim did not crystallise into an adjudication claim (no adjudicator appointment at that stage) so s17 CIPAA was not triggered; CIPAA contains no provision forbidding replacement of a payment claim in the factual circumstances and AIAC treated the later submission as a fresh filing leading to valid adjudication; the judicial management application did not remove CIPAA jurisdiction because the plaintiff had been granted leave to continue legal proceedings and s37 CIPAA permits concurrent proceedings. Plaintif…

Malaysia Case Law

KALBANA A/P SATHASIVAM ASHVIN A/L SATHASIVAM

1. ) Kerajaan Malaysia 2. ) KEMENTERIAN KESIHATAN MALAYSIA 1. ) Dr Vijaendreh A/P Subramaniam 2. ) Dr Che Amir Farid Bin Che Isahak

1. ) SUPERINTENDANT OF LAND AND SURVEY KUCHING 2. ) GOVERNMENT OF THE STATE OF SARAWAK 1. ) BISI ANAK JINGGOT 2. ) Collin Marayang 3. ) David Anak Ribut 4. ) Lisah (F) Anak Iban 5. ) Iba Anak Dagang 6. ) Nelson Ngelambai Anak Wam 7. ) Adrin

AURORA INDUSTRIES SDN BHD 1. ) KLANGGROUP HOLDINGS SDN BHD 2. ) ONG KWEE LEE 3. ) GAN THIAM KOK 4. ) GOLDEN VALLEY INDUSTRIES SDN BHD

Messrs Chee Hoe & Associates 1. ) Joint Management Body - Zenith 2. ) Seow Meng Wah 3. ) Audrey Yeow Poh Lin 4. ) Chan Yao Hsien 5. ) Teh Woan Cian 6. ) Kevin Yap Kang Yi 7. ) Kong Soo 8. ) Tina Leong Siew Mun

MERIDIAN CONTRACTS SDN BHD BAUER (MALAYSIA) SDN BHD

GRANSTEP DEVELOPMENT SDN BHD TAN CHONG HENG CONSTRUCTION SDN BHD