Malaysia Case Law: Decisions & Judgments

Topic

Economic duress

Legal area

Court

16 Apr 2025

SWIFT LOGISTICS YARD SDN BHD NORTH WEST DEPOH SDN BHD

Citation

BA-22NCvC-427-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-427-10/2022 (Mahkamah Tinggi)

Defendant failed to prove any oral collateral agreement, alleged representations or the asserted RM6,000,000 expenditure; written tenancy terms governed (parol evidence rule) and therefore the Defendant is a tenant holding over on an expired tenancy; counterclaim for tenancy coupled with equity and unjust enrichment dismissed.
3 Mar 2025

PANNIRSELVAM A/L VELU DANA VALLEN A/L ARUMUGAM

Citation

PA-12B-40-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-40-10/2024 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: the LOU constituted a valid and binding contract of guarantee; consideration was satisfied by transferors signing transfer forms and resigning as directors and by Defendant's partial payments; allegations of duress and recalled MTDC grant were unproven; noncompletion of formal registration was due to Defendant's own inaction; accordingly the Defendant remained liable and the appeal was dismissed with costs fixed by the High Court.
25 Mar 2024

NOR ASMA BINTI JOHOR 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) FELDA D'SAJI SDN. BHD.

Citation

WA-25-489-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-489-09/2022 (Mahkamah Tinggi)

The High Court held the Industrial Court's award was vitiated by Wednesbury unreasonableness for failing to consider that the applicant was not paid salary after the six‑month unpaid leave expired; non‑payment constituted a fundamental breach amounting to constructive dismissal, warranting certiorari to quash the Award and remittal to the Industrial Court to determine remedies.
29 Sept 2023

BJ HOMES DEVELOPMENT SDN BHD DAVEENDER SINGH A/L SARJEET SINGH

Citation

WA-12BNCvC-4-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-4-01/2023 (Mahkamah Tinggi)

The Appellate Court found the Sessions Court had misdirected itself on duress: plaintiff failed to prove economic duress by the Pao On criteria (no protest, no independent corroboration, no police report, no steps taken to avoid); the Settlement Agreement therefore stood; the Deed of Assignment to AmBank was an absolute assignment on its face and the plaintiff failed to notify the financier within Section 22C's 14‑day requirement, so the plaintiff lacked locus standi and the appeal by the defendant was allowed and the Sessions Court order set aside.
22 Sept 2022

MALAYSIA DEBT VENTURES BERHAD 1. ) ALGAETECH INTERNATIONAL SDN BHD 2. ) DATO' PADUKA SYED ISA BIN SYED ALWI 3. ) ASMADI BIN MD. SAID 4. ) ABDUL HAFIZ MAHMOOD BIN HISHAM 5. ) SHEEZRIFAH BINTI ISHAK 6. ) BOBBY RONALD 7. ) LM GREENTECH SDN BHD

Citation

WA-22M-688-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-688-09/2019 (Mahkamah Tinggi)

The court held that the plaintiff proved entitlement to recover under the Guarantees: the guarantors failed to establish duress or undue influence, consideration existed linked to the grant of Facilities, profit rates were accepted and not shown to be excessive, the appointment of a receiver was not mala fide, and the plaintiff had capacity to provide Shariah financing; accordingly the counterclaim was dismissed and judgment entered for the plaintiff against the 2nd, 4th and 6th defendants with costs awarded as specified.
26 Aug 2021

JR JOINT RESOURCES HOLDINGS SDN BHD (COMPANY NO.: 462917-T) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)

Citation

WA-22NCC-141-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-141-03/2019 (Mahkamah Tinggi)

On the balance of probabilities the court found the impugned agreements were procured by illegitimate economic pressure and influence peddling such that they were voidable for duress and void for illegality; plaintiffs validly rescinded the agreements and are entitled to restitution (return of transferred shares) and exemplary damages; defendant’s counterclaims dismissed.
26 Aug 2021

MOHD ZAKI BIN JAAFAR (NRIC NO. 500412-08-5997) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)

Citation

WA-22NCC-267-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-267-05/2019 (Mahkamah Tinggi)

Court found on balance of probabilities that the agreements were induced by illegitimate economic pressure and influence-peddling by the defendant/agent for a disclosed principal, rendering the impugned agreements voidable for duress and void for illegality; plaintiffs validly rescinded and are entitled to restitution (return of shares) and exemplary damages; defendant's counterclaims dismissed.
26 Aug 2021

SH YAHYA BIN SH MOHAMED (NRIC NO. 530327-01-6257) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)

Citation

WA-22NCC-268-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-268-05/2019 (Mahkamah Tinggi)

Impugned Agreements were induced by illegitimate economic pressure and influence peddling by the Defendant's principal, rendering the agreements voidable for duress and void for illegality under public policy; plaintiffs validly rescinded and are entitled to restitution of the transferred shares for unjust enrichment and to exemplary damages (RM500,000 each plaintiff); defendant's counterclaims dismissed.