Malaysia Case Law

12 Dec 2025

Shell Malaysia Trading Sdn Bhd Motor Fuel (M) Sdn Bhd

Citation

JA-24NCvC-259-03/2025 (Mahkamah Tinggi)

Court

High Court

Case number

JA-24NCvC-259-03/2025 (Mahkamah Tinggi)

Plaintiff validly exercised the unambiguous contractual option under Clause 1.4 by written notice within the prescribed three‑month period; the agreement contains no term disqualifying renewal for the alleged breaches, and damages would be inadequate because loss of brand recognition, customer association and goodwill cannot be quantified; therefore specific performance and a declaration of renewal were granted.

• Option to renew
• Contract interpretation
• Adequacy of damages
• Injunction
• Goodwill and reputation

9 Jun 2020

1. RADICAL GALAXY SDN BHD 2. FOONG YIT MENG PENCELAH 1. QI SHENG SDN BHD 2. TAI WENG KEN

Citation

WA-24IP-7-05/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-24IP-7-05/2019 (Mahkamah Tinggi)

The application to intervene and set aside the ex‑parte TDO was dismissed because the court was satisfied applicants disclosed material facts necessary for the TDO, ex‑parte TDOs are lawful and appropriate under the circumstances, the evidence established that the allegedly infringing marks and get‑up were identical or so nearly resembling the applicants' registered marks as likely to deceive or cause confusion in the course of trade, delay and non-registration under s9(6) did not defeat enforcement given notification to enforcement agency and absence of appointed Registrar, and justice and m…

• Ex-parte orders
• Full and frank disclosure
• Intervention
• Seizure and enforcement
• Likelihood of confusion
• Goodwill and reputation

THE SCOTCH WHISKY ASSOCIATION & ANOR V EWIN WERY (M) SDN BHD

Citation

THE SCOTCH WHISKY ASSOCIATION & ANOR V EWIN WERY (M) SDN BHD

Court

Malaysian court

The court held that the defendants could not re‑open the locus standi issue already decided in the proceedings because res judicata prevents re‑agitation of matters decided at an earlier stage; accordingly the defendants' attempt to re‑raise locus standi via a strike‑out summons was disallowed and the court proceeded to consider the merits of the passing off claim.

• Labeling and get-up
• Goodwill and reputation
• Locus standi
• Strike-out under order 18 r19
• Res judicata
• Misrepresentation