Malaysia Case Law: Decisions & Judgments

Topic

Documentary evidence vs oral testimony

Legal area

Court

5 May 2025

ASIA VICTOR (M) SDN BHD 1. ) RHYTHM AGENCIES SDN BHD 2. ) Kashminder Singh A/l Josbir Singh ( Pertama Dalam Tuntutan Balas) 3. ) PETROBANQ HOLDING SDN BHD ( KETIGA DALAM TUNTUTAN BALAS)

Citation

BA-22NCC-41-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-41-04/2021 (Mahkamah Tinggi)

The court found a binding contract existed (Invoice AVI/201222/023), the contract was validly terminated by Rhythm Agencies after the defendants failed to supply agreed authentic certification documents within the agreed time, and Asia Victor, Kashminder and Petrobanq had agreed to refund the deposit. Consequently Rhythm Agencies' counterclaim succeeded in part: repayment of the RM324,000 deposit (allocated between Asia Victor/Kashminder commission portion and remainder from Petrobanq) together with specified penalty and interest was ordered; punitive damages were not proven and were refused;…
25 Sept 2023

SIM CHUAN PENG LAW KAIN ANN

Citation

WA-12BNCC-6-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-6-03/2023 (Mahkamah Tinggi)

The Court found only the original settlement of 29.12.2020 existed and was binding; payments totalling RM35,000 plus the signed payment voucher amounted to full and final settlement; the alleged later agreements were the result of the respondent's demands and coercion and/or were implausible for the defendant to have voluntarily accepted; the defendant could not transfer the Ether because the IDAX exchange had permanently closed; the Sessions Court erred in its factual findings and in placing burdens improperly, therefore the appeal was allowed.

Malaysia Case Law

ASIA VICTOR (M) SDN BHD 1. ) RHYTHM AGENCIES SDN BHD 2. ) Kashminder Singh A/l Josbir Singh ( Pertama Dalam Tuntutan Balas) 3. ) PETROBANQ HOLDING SDN BHD ( KETIGA DALAM TUNTUTAN BALAS)

SIM CHUAN PENG LAW KAIN ANN