Malaysia Case Law: Decisions & Judgments

Topic

Ex turpi causa non oritur actio

Legal area

Court

8 Jul 2025

1. ) ENAPAK MARKETING SDN. BHD. 2. ) NG WUOI UOI 1. ) GUARDIAN HEALTH AND BEAUTY SDN. BHD. 2. ) SOPHIA HONG 3. ) DATO' SERI DR. NOOR HISHAM BIN ABDULLAH 4. ) DATO' SRI DR. ADHAM BIN BABA 5. ) DR. LEE BOON CHYE 6. ) KEMENTERIAN KESIHATAN MAL

Citation

PA-22NCvC-232-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-232-12/2020 (Mahkamah Tinggi)

D1 did not breach the Agreement because its temporary removal of the product was a bona fide exercise of contractual recall rights in response to an official public health advisory; D3–D7 owed no actionable duty of care to the Plaintiffs in issuing the Article within their public health functions and the Plaintiffs failed to prove mala fide or proximate negligence; accordingly all claims dismissed with costs.
5 Jun 2025

IMBUHAN GAGAH SDN BHD GC FORWARDING SERVICES SDN BHD

Citation

BL-A52-11-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A52-11-05/2024 (Mahkamah Sesyen)

The tenancy agreement was tainted by illegality because the warehouse was developed and occupied in breach of mandatory planning and building approval requirements and land use restrictions; the plaintiff was implicated in that illegality and therefore the court will not lend its assistance to enforce the contract or award the claimed rents and damages; consequently the plaintiff's claims fail and are dismissed.
26 Feb 2025

Muhammad Norfahim Bin Norazman (berniaga di bawah nama dan stail perniagaan Fahim Roboroch Resources (SA0356862-X)) S P SETIA PROPERTY SERVICES SDN. BHD.

Citation

BA-22NCvC-109-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-109-03/2024 (Mahkamah Tinggi)

Plaintiff's claims are barred and plainly unsustainable because the business was operated without required licences and therefore arises from illegality; the entire agreement clauses in the Letter of Offer and Operator's Agreements exclude the alleged unincorporated joint venture; Defendant proved the counterclaim obligations and entitlement to vacant possession; accordingly the strike out and summary judgment applications succeed.
30 Mar 2023

PERTUBUHAN PERGERAKAN KEBAJIKAN MASYARAKAT KUALA LUMPUR DATUK BANDAR KUALA LUMPUR

Citation

WA-21NCvC-59-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-59-09/2019 (Mahkamah Tinggi)

The suit was dismissed because the plaintiff, a registered unincorporated society, lacked capacity to sue in its own name under s.9(c) Societies Act 1966 (a fundamental non-compliance that could not be cured), and on the merits the plaintiff failed to prove misrepresentation and was in fundamental breach of the letter of offer (unauthorised construction, sub-letting, failure to obtain approvals and rent default), so equitable relief and damages were denied; the counterclaim was dismissed for want of evidence and the same statutory non-compliance.
4 Jan 2022

STARHILL GOLF RESORT BHD. RBK URBAN MANAGEMENT SDN. BHD.

Citation

JA-12BNCvC-19-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-19-12/2020 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: the Appellant's deliberate refusal to produce the original title, which was within its control and necessary for MBJB approval, frustrated the Agreement and barred the Appellant's claim; the Respondent having substantially performed its obligations was entitled to the remaining consultation fee on quantum meruit (RM200,000).
26 Oct 2020

Berjaya Sompo Insurance Berhad 1. Zuraida binti Hashim 2. Ahmad Shuki bin Zakaria 3. Nura Shikin binti Harun

Citation

WA-24NCC-297-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-297-07/2020 (Mahkamah Tinggi)

Court held insurer was entitled to declaratory relief: the insured (1st Defendant) breached an essential policy condition by permitting an unlicensed rider to use the insured motorcycle; that breach, together with the illegality of permitting an unlicensed rider under s26 RTA and public policy (ex turpi causa), justified the insurer repudiating cover as against the insured; s96(3) did not preclude the insurer seeking a pre-judgment declaration and the Originating Summons was allowed.
5 Aug 2020

YEOW GUANG CHENG (NRIC No.: 701114-05-5141) 1. TANG LEE HIOK (NRIC No.: 660510-10-6248) 2. LIM BOON KEONG (NRIC No.: 580711-10-5647) 3. TAN MEE LIAN (NRIC No.: 630211-10-6902) 4. LIM HIANG (NRIC No.: 630807-10-7172) 5. TAN KAH CHEN (BC/T/86

Citation

BA-22NCVC-423-07/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-423-07/2017 (Mahkamah Tinggi)

Court found on balance of probabilities that 1st-4th defendants carried on an unlicensed moneylending business disguised as a sale: payment of interest triggered s10OA presumption which defendants failed to rebut; SPA/Form14A/PA were sham and tainted by illegality and thus void; Transfer obtained by a void instrument rendered registered title defeasible under s340; defendants hold land as constructive trustees and must re-transfer, but plaintiff is not ordered to restitute the principal and counterclaim dismissed; 5th defendant implicated for assisting but civil relief limited to invalidation…
27 Feb 2020

MUHAMMAD NOOR REDZUAN BIN MISRAN MUHAMMAD AMIRUL HAFIZ BIN KHAIRULAZUIN

Citation

JA-12B-18-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-18-05/2019 (Mahkamah Tinggi)

Because the Appellant was riding without a valid licence and therefore in breach of statutory requirements (ss26, 90, 95 RTA) and public policy, the Court held he was not entitled to protection in this civil claim; appeal dismissed, liability fixed 100% on Appellant and Sessions Court quantum affirmed.