Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Illegality doctrine

Legal area

Court

22 Dec 2022

MUHAMAD BIN SHAFFIE ABD RAHMAN FRESH MART SDN. BHD.

Citation

KD-B52NCvC-3-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KD-B52NCvC-3-06/2022 (Mahkamah Sesyen)

Because the leased premises were constructed without lawful planning/building approval and the plaintiff sought recovery in respect of an unlawful structure, the plaintiff had no legal right to pursue the claim; payments of utilities or assessment rates do not validate the construction; plaintiff's conduct amounted to coming to court with unclean hands; accordingly the defendant's summary application was allowed under the court rules and costs awarded to the defendant.
16 Dec 2021

HB STAR 2000 SDN BHD MARINA BOAT SERVICES SDN BHD

Citation

WA-27NCC-16-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-16-03/2021 (Mahkamah Tinggi)

Summary judgment under Order 14 was refused because factual gaps and missing transactional documents (notably the circumstances of issuance of the Bill of Sale and disbursement mechanics) created 'some other reason' requiring a full trial. On Order 14A the court held that contravention of ss.214(2) and (10) FSA does not, as a matter of law, automatically render the sale and purchase of the vessel void; s.270 FSA and authorities preserve civil enforceability. The RMB part-payment was, on the plaintiff's undisputed documentary evidence, a payment between non-residents and thus not caught by s.2…