Malaysia Case Law: Decisions & Judgments

Topic

Estoppel against statute

Legal area

Court

6 Jan 2025

EKOVEST CAPITAL SDN BHD 1. ) CHONG SEW MAY 2. ) CHONG CHEE SIEN

Citation

WA-12BNCvC-62-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-62-08/2021 (Mahkamah Tinggi)

The court held that settlement letters prepared by the developer did not extinguish statutory rights to additional LAD absent clear, compelling evidence and compliance with regulatory requirements; LAD is properly calculated from the date of the purchaser's deposit/payment and runs until issuance of the full CCC/Form F; accordingly the purchasers' claims were within the limitation period and recoverable. The appellant's appeals are dismissed and the respondents' cross-appeals are allowed in the amounts awarded below.
11 Apr 2023

PEMPETISYEN Shilashshree Shirely Gomez Raymond Shilendran a/l Simon

Citation

BA-33-803-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-33-803-10/2018 (Mahkamah Tinggi)

Arrears of maintenance ordered in matrimonial proceedings are provable debts under section 40(3) Insolvency Act 1967 as reinforced by section 86 Law Reform (Marriage and Divorce) Act 1976; therefore after a bankruptcy order the wife required leave of the court under section 8(1)(a) Insolvency Act 1967 to pursue attachment of earnings and her application filed without such leave was premature and must be struck out.
10 Feb 2021

Pamela Ephraim for the Applicant Liquidator [Messrs Ephraim & Associates] Zirwatul Hanan binti Abdul Rahman for DBKL [Messrs Azaine & Fakhrul]

Citation

POST WINDING UP APPLICATION NO: WA-28PW-251-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING UP APPLICATION NO: WA-28PW-251-07/2020 (Mahkamah Tinggi)

The Court held that rates levied under the Local Government Act are not federal tax and therefore do not attract priority under s292(1)(f) of the Companies Act 1965; provable debts in the winding up are limited to liabilities accruing up to the date of the winding up order (10.12.1997); consequently DBKL's proof of debt for RM55,030 for 1999–1.9.2017 is not allowable against the company, and estoppel could not be used to trump statutory provisions.
14 Dec 2020

AMITY ONE SDN BHD BINJAI RESIDENCY MANAGEMENT CORPORATION

Citation

WA-22NCVC-472-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-472-08/2020 (Mahkamah Tinggi)

The court held the arrangement to discount charges by altering effective share unit impact or imposing different rates was illegal and ultra vires STA 1985 and SMA 2013; management corporation must levy a single fixed rate per share unit and collect charges in proportion to statutorily assigned share units; the plaintiff therefore underpaid maintenance charges and the defendant’s counterclaim for the outstanding sum is valid and recoverable; plaintiff's claim for discounted charges is struck out.
22 Jan 2020

1. SYED SHAHARUL BIN MOHAMED NASIR (NRIC. No.: 950126-10-6273) 2. MAYBANK ISLAMIC BERHAD (Co. No.: 787835-M) 1. PENTADIBIR TANAH DAERAH KELANG 2. KERAJAAN NEGERI SELANGOR

Citation

BA-25-60-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-60-10/2018 (Mahkamah Tinggi)

The court held that the word "Malay" in s 8(i) MRE is governed by the definition in s 2 MRE; the first applicant is a Malay for the purposes of MRE because the birth certificate records Malay race and father as Malay and s 33 BDRA gives such entries evidentiary weight; JPN's letter cannot alter the register absent correction under s 27 BDRA; s 8(i) MRE does not preclude registration of a charge in favour of a licensed Islamic bank in the circumstances; the registrar's refusal was illegal and mandamus was appropriate to compel registration of Forms 14A and 16A.

Malaysia Case Law

EKOVEST CAPITAL SDN BHD 1. ) CHONG SEW MAY 2. ) CHONG CHEE SIEN

PEMPETISYEN Shilashshree Shirely Gomez Raymond Shilendran a/l Simon

Pamela Ephraim for the Applicant Liquidator [Messrs Ephraim & Associates] Zirwatul Hanan binti Abdul Rahman for DBKL [Messrs Azaine & Fakhrul]

AMITY ONE SDN BHD BINJAI RESIDENCY MANAGEMENT CORPORATION

1. SYED SHAHARUL BIN MOHAMED NASIR (NRIC. No.: 950126-10-6273) 2. MAYBANK ISLAMIC BERHAD (Co. No.: 787835-M) 1. PENTADIBIR TANAH DAERAH KELANG 2. KERAJAAN NEGERI SELANGOR