Malaysia Case Law: Decisions & Judgments

Topic

Expungement of documents

Legal area

Court

3 Aug 2023

ATE SOLUTION SDN. BHD. PHARN KAI YEE

Citation

BB-B52NCC-69-11/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-B52NCC-69-11/2022 (Mahkamah Sesyen)

Defendant's application was allowed because the disputed documents were owned by the defendant or her sole proprietorship and were obtained without her permission; plaintiff failed to explain how the documents were obtained or to follow the proper discovery/interrogatory procedures, and the court exercised its discretion under Rule 92(4) to prevent prejudice and abuse of process while noting that admissibility of illegally obtained evidence does not obviate the need for correct procedural routes and does not guarantee weight at trial.
11 Apr 2023

MANOREMA KUNJAPPAN A/P P K KUNJAPPAN 1. ) MY PREMIER TRUSTEE (MALAYSIA) BERHAD 2. ) THE RAIN MAKER MGMT GROUP

Citation

WA-A72NCvC-773-03/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-773-03/2022 (Mahkamah Majistret)

Plaintiff failed to prove a contractual relationship with Defendant Two and failed to discharge the burden of proof; Defendant One was trustee but had delegated management to ACAM and had no contractual obligation to return funds absent ACAM's return or proven gross negligence/wilful breach; claims against ACAM were the proper remedy and were subject to mandatory AIAC arbitration; accordingly both defendants are not liable and the plaintiff's claims are dismissed with costs.
27 Sept 2021

RAUB MINING & DEVELOPMENT COMPANY SDN BHD & ORS KAM LEE CHING & ORS

Citation

WA-12ANCC-4-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-4-01/2021 (Mahkamah Tinggi)

The proposed interveners failed to establish the requisite direct legal interest to intervene under Order 15 r6(2)(b); their interest was commercial/indirect and insufficient to affect the subject matter (the alleged friendly loan), therefore the principal relief to intervene failed and the consequential relief to expunge documents could not stand; the Sessions Court judge did not err in preferring an alternative High Court authority and there was no basis to invoke revisionary powers under s35 CJA.

Malaysia Case Law

ATE SOLUTION SDN. BHD. PHARN KAI YEE

MANOREMA KUNJAPPAN A/P P K KUNJAPPAN 1. ) MY PREMIER TRUSTEE (MALAYSIA) BERHAD 2. ) THE RAIN MAKER MGMT GROUP

RAUB MINING & DEVELOPMENT COMPANY SDN BHD & ORS KAM LEE CHING & ORS