Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Illegal contract

Legal area

Court

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.
14 Apr 2022

RDA VENTURES SDN BHD TUAH PERKASA BORNEO CORPORATION (M) SDN BHD

Citation

WA-22NCC-412-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-412-09/2021 (Mahkamah Tinggi)

Summary judgment was dismissed because the Defendant raised a bona fide triable issue that the Agreement might be illegal (allegation that the stated consultancy fee was in substance a bribe to procure Ministry approval) and the opaque nature and substantial sum involved required cross-examination and full trial to determine enforceability; therefore Order 14 was inappropriate.