Malaysia Case Law: Decisions & Judgments

Topic

Enforcement

Legal area

Court

2 Sept 2025

SHANGHAI YUANYI TECHNOLOGY PTY LTD 1. ) SYAHAZLIN HERRYTHA BINTI ZULKEPLI 2. ) VINOD SHARMA A/L BALBIR SINGH 3. ) VINOD SHARMA LAW FIRM 4. ) MOHD KHAIRIL NIZAM BIN MOHD K JABAYEE

Citation

BA-22NCvC-467-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-467-11/2024 (Mahkamah Tinggi)

The court exercised its discretion under Order 23 r.1 ROC to order security for costs because the plaintiff is a foreign company with no demonstrated assets or ability to satisfy costs in Malaysia and there is a real risk of non‑enforceability, and therefore it is just to require RM20,000 as security pending resolution; this decision is procedural and does not determine the merits or legitimacy of the plaintiff's claim.
25 Nov 2024

PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN NIM AI HUAT

Citation

JA-29NCC-485-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-485-05/2024 (Mahkamah Tinggi)

Leave under s5(3)(b) was granted because the creditor had exhausted available modes of execution by virtue of the principal borrower's winding up and filing of proof of debt; there is no legal requirement to await Insolvency Department confirmation or completion of liquidation before granting leave, and the default judgment against the guarantor was validly served and not subject to being gone behind by the bankruptcy court.
16 Apr 2024

Antasha binti Abdul Rahim 1. ) Koperasi Pembiayaan Syariah Angkasa Berhad 2. ) Demi Idaman Sdn. Bhd.

Citation

WA-24NCvC-1982-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-1982-05/2023 (Mahkamah Tinggi)

The instrument failed to comply with mandatory S.6 of the Powers of Attorney Act 1949 because no valuable consideration was stated or proved; therefore the purported irrevocable power of attorney for an indefinite period is not effective and is revocable, and the 1st Defendant is not entitled to protection under S.6 as it is not a purchaser.
21 Oct 2021

LION PACIFIC SDN BHD PESTECH TECHNOLOGY SDN BHD

Citation

BA-22NCVC-85-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-85-02/2021 (Mahkamah Tinggi)

The court held Clause 16 is a valid arbitration agreement and the dispute (including allegations of fraudulent claims arising from performance of the Sub-Contract) falls within its scope; section 10 mandates a stay where requirements are met; the court will not order the Defendant to pay the arbitration deposit because deposit and allocation of arbitration costs fall within the tribunal's and AIAC Director's jurisdiction; Plaintiff may advance the deposit to prevent stalling; accordingly the Defendant's stay application is allowed and proceedings are referred to arbitration.
1 Nov 2019

NCT BUILDING & CIVIL ENGINEERING SDN. BHD. SINOHYDRO CORPORATION (M) SDN. BHD.

Citation

WA-24C-64-04/2019, WA-24C-65-04/2019 & WA-24C-82-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-64-04/2019, WA-24C-65-04/2019 & WA-24C-82-05/2019 (Mahkamah Tinggi)

On the factual matrix of the Letter of Mandate, LoA and Consortium Agreement Sinohydro was an unpaid party within s4 CIPAA and had locus to issue the payment claim; the adjudicator did not act in excess of jurisdiction nor breach natural justice in taking into account the Performance Bond because the Performance Bond matter was raised in the pleadings (Payment Response and Adjudication Reply) and adjudication pleadings must be considered; consequently the setting aside and stay applications were dismissed and enforcement was allowed.

Malaysia Case Law

SHANGHAI YUANYI TECHNOLOGY PTY LTD 1. ) SYAHAZLIN HERRYTHA BINTI ZULKEPLI 2. ) VINOD SHARMA A/L BALBIR SINGH 3. ) VINOD SHARMA LAW FIRM 4. ) MOHD KHAIRIL NIZAM BIN MOHD K JABAYEE

PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN NIM AI HUAT

Antasha binti Abdul Rahim 1. ) Koperasi Pembiayaan Syariah Angkasa Berhad 2. ) Demi Idaman Sdn. Bhd.

LION PACIFIC SDN BHD PESTECH TECHNOLOGY SDN BHD

NCT BUILDING & CIVIL ENGINEERING SDN. BHD. SINOHYDRO CORPORATION (M) SDN. BHD.