Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Duress/undue influence

  • 23 Oct 2023

    E & L ENGINEERING SDN. BHD. EXCELJAYA ENGINEERING SDN. BHD.

    Citation
    WA-B52NCvC-289-07/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-B52NCvC-289-07/2021 (Mahkamah Sesyen)

    On the balance of probabilities the written 12.5.2017 profit‑sharing agreement was valid and binding: it was supported by consideration, was not shown to have been procured by duress or actionable misrepresentation, the defendant's denial and alternative pleas were late and unproven, and documentary and witness evidence established that Jaks paid RM755,078.88 of which 70% (RM528,555.21) is due to plaintiff; accordingly judgment for the plaintiff is affirmed with interest at 5% per annum from 4.9.2019 until full settlement and costs on the standard scale.

  • 15 Jun 2023

    KHOO EE KEAT BROWNLAND PROPERTIES (M) SDN BHD

    Citation
    WA-12BNCvC-155-11/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12BNCvC-155-11/2022 (Mahkamah Tinggi)

    The High Court held the signed employment contract was valid and binding; the plaintiff breached the contract by resigning before the 3‑year term and by working for a competitor; the defendant proved breach and the existence of a contractual termination fee of RM300,000 such that under s75 Contracts Act the defendant is entitled to compensation up to that amount and the plaintiff failed to prove the clause unreasonable; accordingly the appeal is dismissed.