Malaysia Case Law: Decisions & Judgments

Topic

Good faith

Legal area

Court

28 Apr 2025

TEE KENG EING 1. ) FAMILY OPTOMETRY SDN BHD 2. ) YONG YIT TUNG

Citation

BA-24NCC-127-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-127-10/2024 (Mahkamah Tinggi)

Application for leave dismissed because the purported notice was ambiguous and did not satisfy s348(2) requirements, the plaintiff failed to demonstrate good faith with sufficient particulars or corroborating evidence and the proposed derivative action was not prima facie in the best interest of the company given tenuous merits and likely costs; accordingly leave denied and costs awarded.
13 Feb 2025

ASIAN INTERNATIONAL ARBITRATION CENTRE ONE AMERIN RESIDENCE SDN BHD

Citation

02(i)-66-12/2023(W) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-66-12/2023(W) (Mahkamah Persekutuan)

The AIAC is immune from judicial review in respect of acts and decisions made in its capacity as the statutory adjudication authority because the immunity conferred by the IOPIA (First Schedule) and the immunity in s34(1) CIPAA are functionally constrained to the AIAC's duties (which include adjudication) and extend to judicial review unless the acts are ultra vires or done in bad faith; Court of Appeal's narrower reading was reversed.
29 Nov 2024

Lim Sek Cheon NG KAH SENG@NG KAI SENG

Citation

BA-23NCvC-65-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-65-12/2022 (Mahkamah Tinggi)

Amendment to add Malay translations of the impugned defamatory statements is allowed because it is minor, does not introduce new facts or change the cause of action, the 17-month delay and eleventh‑hour timing were not fatal given vacated trial dates and distinguishable facts from cases denying leave for long unexplained delays, the Defendant has not shown prejudice that cannot be compensated by costs, though the Plaintiff showed some lack of forthrightness; costs awarded to Defendant RM5,000.
27 Aug 2024

WONG CHONG KIEW 1. ) SAMALEGA SDN BHD 2. ) TAN KENG THYE 3. ) LEE HOCK SENG

Citation

BA-24NCC-103-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-103-09/2023 (Mahkamah Tinggi)

The application was dismissed because the court found the disposal complied with section 223 (having been approved at a duly convened EGM with valuation evidence), the plaintiff's claims were barred by res judicata and constituted an abuse of process, the plaintiff did not act in good faith and failed to disclose material facts, and the reliefs sought were academic as the sale had been completed; costs awarded and counterclaim struck out with liberty to file afresh.
12 Apr 2023

LIM TITT HUAT 1. ) TAN SAY KENG 2. ) WHAI CHENG AUTO PARTS SDN BHD

Citation

WA-24NCC-1032-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-1032-11/2022 (Mahkamah Tinggi)

Leave under sections 347 and 348 Companies Act 2016 was granted because the plaintiff is a complainant who complied with the 30‑day notice requirement, has shown on the balance of probabilities that he is acting in good faith (honest belief of a reasonable prospect of success and no collateral purpose), and it is prima facie in the best interest of the 2nd defendant to defend Suit No. BA-22NCC-83-06/2022; the 1st defendant's arguments were insufficient to displace those findings.
21 Sept 2022

HONG LEONG BANK BERHAD 1. ) STARFISH HOLDINGS SDN BHD 2. ) WAHIDATUL ZAKIAH BINTI BAHARUM

Citation

WA-12BNCC-7-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-7-03/2022 (Mahkamah Tinggi)

Although the disputed signatures were proved forged, the Plaintiff negligently contributed to the forgeries by allowing a non‑signatory access to cheque books and failing to reconcile bank statements against cheque butts; under s.73A BEA such negligent contribution causes the signatures to operate and, because the Bank paid in good faith under a low statutory threshold, the Bank is protected. The Sessions Court's finding against the Bank was set aside and the appeal allowed.
24 Oct 2019

TAI MAY CHEAN (NRIC No.: 531113-10-5670) 1. UNITED EASTERN RESOURCES SDN. BHD. (Company No.: 416181-T) 2. NG PIK LIAN (NRIC No.: 320718-05-5012)

Citation

WA-24NCC-340-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-340-06/2019 (Mahkamah Tinggi)

The plaintiff's application for leave to commence a derivative action was dismissed because she failed to establish that she acted in good faith and failed to show that the derivative action was prima facie in the best interest of UER given the existing deadlock, the advanced stage and legitimate grounds of the pending winding up petition, the timing of the application in the context of multiple related suits (including MHA proceedings) suggesting a collateral purpose, and the risk of futility if the MHA or share ownership challenges succeed.

Malaysia Case Law

TEE KENG EING 1. ) FAMILY OPTOMETRY SDN BHD 2. ) YONG YIT TUNG

ASIAN INTERNATIONAL ARBITRATION CENTRE ONE AMERIN RESIDENCE SDN BHD

Lim Sek Cheon NG KAH SENG@NG KAI SENG

WONG CHONG KIEW 1. ) SAMALEGA SDN BHD 2. ) TAN KENG THYE 3. ) LEE HOCK SENG

LIM TITT HUAT 1. ) TAN SAY KENG 2. ) WHAI CHENG AUTO PARTS SDN BHD

HONG LEONG BANK BERHAD 1. ) STARFISH HOLDINGS SDN BHD 2. ) WAHIDATUL ZAKIAH BINTI BAHARUM

TAI MAY CHEAN (NRIC No.: 531113-10-5670) 1. UNITED EASTERN RESOURCES SDN. BHD. (Company No.: 416181-T) 2. NG PIK LIAN (NRIC No.: 320718-05-5012)