Malaysia Case Law: Decisions & Judgments

Topic

Enforceability of settlement agreements

Legal area

Court

5 Mar 2026

MZ POLYMERS SDN BHD 1. ) GARDEN FLORA EXPORTS SDN BHD 2. ) Mohaideen Haroon Syed Ibrahim 3. ) Wahitha Banu

Citation

WA-22NCC-803-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-803-11/2023 (Mahkamah Tinggi)

Agreements were not sham because there was no evidence of a common intention to create false legal rights; contemporaneous documents and admissions showed monies were received and the agreements created real legal obligations; allegations of coercion failed for lack of proof of threatened Penal Code offences or corroborating evidence and witness Banu’s absence did not suffice to establish coercion; consequently the agreements were enforceable and defendant’s counterclaims succeeded in part.
28 Jan 2025

1. ) QING YANYUN 2. ) ZENG SHUHUA 3. ) ZENG XIA 4. ) WANG YANG 5. ) LIU BEIBEI 6. ) WANG TAO B&G TROPICAL SDN. BHD.

Citation

WA-22NCvC-720-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-720-11/2020 (Mahkamah Tinggi)

Plaintiffs failed to discharge the evidential burden to prove misrepresentation or coercion and failed to demonstrate the DPP is a moneylending agreement; the DPP was a lawful private settlement/extension under s64 Contracts Act and the SPA/DPP are enforceable; Plaintiffs' claim dismissed and Defendant's counterclaim for the balance allowed with conditions (payment within six months or reversion of ownership) and costs awarded (RM100,000).
5 Jul 2024

TANJUNG OFFSHORE SERVICES SDN BHD 1. ) VME PROCESS SYSTEMS MALAYSIA SDN BHD 2. ) VME PROCESS ASIA PACIFIC PTE LTD

Citation

WA-22IP-40-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-40-09/2022 (Mahkamah Tinggi)

Under Order 35 r3 the court refused to adjourn because the defendants' need for more time arose from their own delay in seeking particulars and complying with pre-trial directions; the prejudice claimed was self-inflicted and the wider prejudice of delaying a commercial trial outweighed the defendants' reasons, therefore it was not expedient in the interest of justice to adjourn.

Malaysia Case Law

MZ POLYMERS SDN BHD 1. ) GARDEN FLORA EXPORTS SDN BHD 2. ) Mohaideen Haroon Syed Ibrahim 3. ) Wahitha Banu

1. ) QING YANYUN 2. ) ZENG SHUHUA 3. ) ZENG XIA 4. ) WANG YANG 5. ) LIU BEIBEI 6. ) WANG TAO B&G TROPICAL SDN. BHD.

TANJUNG OFFSHORE SERVICES SDN BHD 1. ) VME PROCESS SYSTEMS MALAYSIA SDN BHD 2. ) VME PROCESS ASIA PACIFIC PTE LTD