Malaysia Case Law: Decisions & Judgments

Topic

Enforcement of security

Legal area

Court

14 Jan 2026

Majlis Amanah Rakyat (MARA) SHABRI BIN SULONG

Citation

WA-22M-131-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-131-02/2024 (Mahkamah Tinggi)

The first action was dismissed as premature for failure to issue the termination notice required by the Facility Agreement; issuance and service of a valid termination notice thereafter created a new cause of action so res judicata does not bar the present claim; the contractual Certificate of Indebtedness is conclusive absent manifest error and establishes the Defendant's indebtedness of RM3,452,287.13 as at 15 January 2024.
17 Sept 2025

BANK KERJASAMA RAKYAT (M) BERHAD TOP TRIDENT TRADERS SDN. BHD. PENCELAH TENGKU NGAH PUTRA BIN TENGKU AHMAD TAJUDDIN

Citation

WA-24MFC-32-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24MFC-32-01/2023 (Mahkamah Tinggi)

The Court granted a temporary stay of the Originating Summons because the central dispute in the enforcement action (whether any debt exists and the validity of the underlying judgment and settlement) is likely to be determinative and is being litigated in pending related suits; proceeding would risk irretrievable prejudice to the defendant and inconsistent findings, while the plaintiff's interests are protected by the caveat and potential damages, therefore a stay is necessary for fairness and judicial economy; conversion to a writ and consolidation were refused because the Originating Summo…
25 Jul 2025

MAYBANK ISLAMIC BERHAD 1. ) NG CHEE KAE 2. ) NG LOCK SENG

Citation

JA-24MFC-598-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24MFC-598-07/2024 (Mahkamah Tinggi)

Plaintiff satisfied statutory prerequisites for the order for sale: Form 16D complied with s.254(1); no statutory requirement to include monthly payment breakdown or separate in personam demand to the chargor; the certificate of indebtedness was accepted absent any proof of manifest error by defendants; concurrent civil proceedings did not bar the in rem remedy; therefore there was no 'cause to the contrary' and the application for order for sale was allowed.
2 Jan 2025

GRAND DYNAMIC BUILDERS SDN. BHD. PARADISE CITY SDN. BHD.

Citation

WA-22NCvC-573-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-573-08/2024 (Mahkamah Tinggi)

The interlocutory application was dismissed because the purported second charge on the defendant’s land was conditional upon prior consent of the first chargee (MBB) which was never obtained, the agreement was terminated (Notice of Determination) and therefore the Charge Annexure was void; the plaintiff lacked a triable cause of action against the defendant and any loss could be adequately compensated by damages so the balance of convenience did not favour granting preservation orders.
26 Mar 2024

PERSPEKTIF MASA SDN BHD SABAH DEVELOPMENT BANK BERHAD

Citation

BA-22NCvC-490-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-490-11/2023 (Mahkamah Tinggi)

Plaintiff failed to establish a serious issue to be tried, failed to prove unconscionability, and did not make full and frank disclosure when obtaining ex parte relief; contractual terms rendered the lender entitled to pay on demand and Plaintiff accepted the conversion to a term loan and benefited; accordingly interim injunction refused and application dismissed with costs.
18 Feb 2024

ALLIANCE BANK MALAYSIA BERHAD 1. ) SONGMART MALAYSIA SDN BHD 2. ) TAN BOON KOK 3. ) TENG KOK GUAN 4. ) TAN AH MAI 5. ) MERCURIUS CAPITAL INVESTMENT LIMITED 6. ) SONGMART HOLDINGS SDN BHD

Citation

JA-22NCC-32-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-32-05/2023 (Mahkamah Tinggi)

Deputy Registrar's timeline and explanations justified admission of the late affidavit; defendants failed to establish any triable issue because guarantees and facilities agreements expressly allowed the bank to recall/terminate and to pursue guarantors without exhausting securities, and the default interest was contractually agreed and not shown to be unconscionable; therefore summary judgment was appropriate and granted to the plaintiff.
11 Jan 2024

RHB BANK BERHAD 1. ) MILLENNIUM SKILL TRAINING ACADEMY SDN BHD 2. ) SIVAMURTHY A/L MUNIANDY 3. ) SHANGKARI A/P SIVAMURTHY 4. ) MOHAMAD FARID BIN ISMAIL

Citation

WA-22NCC-63-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-63-02/2023 (Mahkamah Tinggi)

The Deeds of Assignment, read by their four corners (not displaced by the factual matrix), constitute absolute and unconditional assignments enabling the plaintiff to enforce its rights and auction the properties on default; the defendants' estoppel plea lacked particulars and pleaded reliance and thus disclosed no reasonable cause; accordingly the counterclaim was frivolous/vexatious or an abuse of process and was struck out.
19 Nov 2023

1. ) LIZIZ STANDACO SDN.BHD. 2. ) GUOK NGUONG PENG 1. ) Ong Koh Kou @ Won Kok Fong 2. ) ONG LIANG YU 3. ) LAU YONG FOONG

Citation

DA-22NCC-3-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCC-3-09/2018 (Mahkamah Tinggi)

On the balance of probabilities the court found the true loan was RM112,025,000 based on the quantum of security (98 cheques valued RM104,025,000 plus titles); the SIP was procured by fraudulent misrepresentation by Plaintiff 2 and is therefore voidable and declared void; defendants were entitled to retain and, where necessary, enforce the cheques under the Bills of Exchange Act 1949 and to recover sums for dishonoured cheques; plaintiffs' claim was dismissed and defendants' amended counterclaim allowed to the extent of the sums ordered.
10 Aug 2023

1. ) HONDAAFUSHI INVESTMENTS PVT. LTD. 2. ) ABDULLA ALI 3. ) ALI SHIYAM 4. ) AHMED HAMZA EXPORT-IMPORT BANK MALAYSIA BERHAD

Citation

WA-22NCC-160-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-160-03/2023 (Mahkamah Tinggi)

The Malaysian suit was struck out as an abuse of process because the plaintiffs had unequivocally submitted to the jurisdiction of the Maldives court by invoking and litigating substantive defences there, the Malaysian proceedings were brought for collateral purposes and would create multiplicity and risk conflicting judgments; accordingly the anti-suit injunction was refused because the Maldives proceedings were not vexatious or oppressive, Maldives was the appropriate forum (including for enforcement of mortgage over Maldives land), and the plaintiffs had inordinately delayed seeking equita…
10 May 2023

PEMPETISYEN RHB BANK BERHAD LEGION PUBLIC RELATIONS SDN BHD

Citation

WA-28NCC-458-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-458-06/2022 (Mahkamah Tinggi)

The Court found the consent judgment binding, the statutory notice was delivered, the claimed sum was sufficiently particularised, and the Respondent failed to rebut the presumption of commercial insolvency after service of the s466 notice; therefore the winding-up petition succeeds.