Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Duty to disclose

  • 5 Nov 2025

    MW HEALTHCARE SDN BHD TEGA KUANTUM SDN BHD

    Citation
    WA-24IP-45-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24IP-45-12/2024 (Mahkamah Tinggi)

    The Applicant failed to prove actual positive fraud by the Defendant: the MDA Recall Notice concerned a distinct later product (Version 4) not pleaded or in issue in Suit 15, was publicly available, and MWH was aware of it during the trial but did not deploy it. There was no legal duty on Tega to disclose a document irrelevant to the pleaded issues, no cogent evidence of dishonest intent by Tega, and the Notice would not likely have led to a different outcome on the contested issues (passing off and unlawful interference). Accordingly, the Originating Summons under s 44 EA 1950 is dismissed.

  • 27 Feb 2020

    Wong Chong Kiew Lee Hock Seng & 1 Lg

    Citation
    WA-22NCC-649-11/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-649-11/2019 (Mahkamah Tinggi)

    The court struck out the plaintiff's fraud claims against both defendants: the 1st Defendant owed no duty to disclose to the plaintiff and plaintiff's remedy is enforcement/committal or liberty to apply under the divorce order; the 2nd Defendant, as a non‑party and company secretary, owed duties to the court (and the company) not to the plaintiff, did not cause the inability to transfer shares because absence of audited accounts made transfer impossible, and the particulars failed to allege dishonest intent required for common law fraud, so the claims were untenable and properly struck out.