Malaysia Case Law: Decisions & Judgments

Topic

Director liability

Legal area

Court

29 Jan 2026

UNITED OVERSEAS BANK (MALAYSIA) BHD 1. ) ARISSTO (MALAYSIA) SDN BHD 2. ) LIM CHANG HUAT

Citation

BA-22NCC-199-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-199-10/2025 (Mahkamah Tinggi)

The Personal Guarantee's express terms unambiguously preserved the guarantor's liability as principal debtor despite subsequent restructuring or variation of facilities; the 2nd Defendant failed to adduce probative evidence raising a triable issue that variations discharged liability or that the Certificate of Indebtedness was erroneous; summary judgment was therefore appropriate and granted.
12 Jun 2025

JALUR TEGAS SDN.BHD. 1. ) PESTECH TECHNOLOGY SDN. BHD. 2. ) Mohd Rizal Bin Abdul Ghani

Citation

BA-22NCvC-118-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-118-03/2024 (Mahkamah Tinggi)

The court struck out the counterclaim only as against the individual director, Mohd Rizal, because the pleadings failed to allege material facts demonstrating his personal involvement or liability and the allegation appeared to be a late afterthought/abuse of process; the counterclaim against the corporate defendant (Jalur Tegas) disclosed triable issues and was not summarily unsustainable and therefore was not struck out.
25 Oct 2024

Lembaga Kumpulan Wang Simpanan Perkerja 1. ) Ong Ching Mei 2. ) Jalaluddin Bin Mohd Jarjis PIHAK KETIGA 1. ) Yeo Wei Tien Timothy 2. ) Teo Ai Ling

Citation

WA-A52NCvC-614-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-614-08/2023 (Mahkamah Sesyen)

Court allowed Defendant 2's Order 18 application: the claim against Defendant 2 for March 2020 contributions disclosed no reasonable cause because Defendant 2 had resigned on 5.2.2020 and was not a director during the prescribed payment period for March 2020 contributions; Court refused Plaintiff's Order 14 summary judgment because disputed factual and documentary issues (effective resignation dates, nominee director status, indemnity/guarantee letters and involvement of third parties) created triable issues requiring oral evidence and full trial; costs awarded accordingly.
7 Oct 2024

1. ) KEJURUTERAAN ELEKTRIK SRI KRIS SDN BHD 2. ) SRI AYYANAREESWARAR @ SURESH A/L D.KRISHNA DMD MARINE ENGINEERING (M) SDN BHD

Citation

JA-12BNCvC-23-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-23-09/2022 (Mahkamah Tinggi)

The appeal was allowed because time for performance was not specified and it was unreasonable to expect completion by February 2019 given TNB approvals and bank guarantee timing; the Sessions Court was wrong to find no work performed and to order full repayment of RM250,000. The unilateral termination was invalid where time was not of the essence, and the proper course is assessment of the defendants' claim on quantum meruit for work done; matter remitted to Sessions Court for assessment; costs to appellants.
27 Mar 2024

Pertiwi Suriamas Sdn Bhd 1. ) JL BOOST SDN BHD 2. ) LOO CHAN YUE 3. ) RINA PANG MAY LI

Citation

WA-12BNCvC-105-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-105-08/2023 (Mahkamah Tinggi)

The Court found on the evidence that the 1st Respondent (JL Boost Sdn. Bhd.) owed RM24,013.88 to the Appellant and ordered payment of that sum, but the Appellant failed to prove that the 2nd and 3rd Respondents committed fraud or carried on the company's business with intent to defraud creditors as required by s540 Companies Act 2016; accordingly the corporate veil was not lifted and the claim against the directors was dismissed.
13 Feb 2024

BK-A52NCvC-30-06/2023 (Mahkamah Sesyen)

Citation

BK-A52NCvC-30-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-A52NCvC-30-06/2023 (Mahkamah Sesyen)

Defendant personally entered into and paid part of a pre-incorporation contract prior to HRS incorporation; when HRS was later struck off and dissolved the liability of directors/members continues under s554(1)(a) CA 2016; therefore there was no triable issue and summary judgment for the plaintiff was appropriate.
15 Jun 2023

Powerscan Company Limited 1. ) Nuctech Company Limited 2. ) Tsinghua University

Citation

W-02(IPCV)(W)-283-02/2015 (Mahkamah Rayuan)
Court

IPCV
Case number

W-02(IPCV)(W)-283-02/2015 (Mahkamah Rayuan)

The Court held the '862 Patent is valid (no suppression; novelty and inventive step established), the BT-Scan and BP-Scan systems infringe the asserted claims (claims 1 and 9), Goh is not personally liable for the company's infringement, the application to regularize the amended MOA was dismissed, and costs were adjusted upward on cross-appeal.
15 Jun 2023

1. ) Pan Asiatic Technologies Sdn Bhd (No Syarikat: 742846-D) 2. ) Goh Chu Leong (No. K/P : 640520-01-5835) 1. ) Nuctech Company Limited 2. ) Tsinghua University

Citation

W-02(IPCV)(W)-223-02/2015 (Mahkamah Rayuan)
Court

IPCV
Case number

W-02(IPCV)(W)-223-02/2015 (Mahkamah Rayuan)

The Court held the ‘862 Patent is valid (novel and inventive); alleged suppression/non-disclosure did not satisfy s56(2)(e) because prescribed disclosure is limited to information available at time of substantive examination and the material relied upon was either unavailable within that meaning or already in the High Court record; BT-Scan and BP-Scan systems fall within the purposively construed integers of claims 1 and 9 and therefore infringe; Goh is not personally liable because there was insufficient evidence he made the infringing acts his own; cross-appeals on costs allowed and costs w…
23 Mar 2023

LIM YOKE CHAN

Citation

CA-87-1610-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-87-1610-12/2021 (Mahkamah Majistret)

On maximum evaluation the prosecution proved all ingredients: the single sample procedure was lawful under Regulation 4(3) because kangkung was perishable and impracticable to divide; chain of custody and analyst credentials met statutory requirements and the analyst report was admissible under s.20; defence failed to raise reasonable doubt or show that accused took all reasonable steps under s.23; accused convicted and sentenced accordingly.
30 Sept 2022

SHAMALA DEVI A/P N.GURUNATHAN SIVANESWARAN A/L SUBRAMANIAM (selaku pemilik tunggal Wawasan Casket & Export Services)

Citation

BL-12BNCvC-1-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-1-02/2022 (Mahkamah Tinggi)

On the facts the agreement was entered into voluntarily and contained express personal undertakings by the defendant to repay the sum; therefore the defendant is personally liable despite the debt originating with the company, and the appellate court will defer to the trial court's factual findings absent clear error.