Malaysia Case Law: Decisions & Judgments

Topic

Implied consent

Legal area

Court

27 Nov 2025

Majlis Perbandaran Kuala Terengganu (MPKT) MENSILIN GREEN ENERGY SDN. BHD.

Citation

TA-A52NCvC-14-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A52NCvC-14-05/2024 (Mahkamah Sesyen)

On the balance of probabilities the correspondence notifying rent and the defendant’s subsequent conduct (continued occupation after notification, making payments recorded by plaintiff, and failure to object plus a request for exemption) constituted implied acceptance of the rent terms and created an enforceable obligation; therefore defendant is liable to plaintiff for RM222,000 plus 5% interest from judgment and costs of RM7,000.
29 Oct 2025

TOK JIANG WAI ERA UNIVERSE DEVELOPMENT SDN BHD

Citation

JA-A52NCvC-46-02/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-46-02/2025 (Mahkamah Sesyen)

The court held that the plaintiff satisfied the prerequisites for summary judgment under Order 14 and had a prima facie entitlement to the contractual LAD; the defendant failed to establish any meritorious defence requiring a full trial. The Covid‑19 exclusion of 289 days was accepted and deducted. Time was not 'of the essence' so plaintiff was limited to LAD under clause 24(2). LAD is to be calculated on the contract purchase price as stated in the SPA (RM837,906.00), not on any discounted/paid price. Actual loss need not be proved to recover contractual LAD. Summary judgment was therefore e…
18 Apr 2025

1. ) NG KENG KHOON 2. ) TANG LEE WEN ERA UNIVERSE DEVELOPMENT SDN. BHD.

Citation

JA-A52NCvC-357-11/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-357-11/2024 (Mahkamah Sesyen)

Summary judgment granted because plaintiffs established a prima facie case and defendant failed to show any triable or meritorious defence: delivery date was contractually due before the Covid‑19 exclusion period so s35 Covid‑19 Act did not apply; LAD is calculated on the SPA purchase price of RM648,000 not on the post‑discount price; plaintiffs need not prove actual loss where contract provides LAD; defendant failed to prove outstanding payments or other defenses. Accordingly judgment entered for plaintiffs for the contractual LAD and interest and costs as claimed.
14 Oct 2024

1. ) CHIN CHEE JIAN 2. ) CHIN YAN YEE ERA UNIVERSE DEVELOPMENT SDN. BHD.

Citation

JA-A52NCvC-145-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-145-05/2024 (Mahkamah Sesyen)

The court held summary judgment was appropriate because the defendant had no meritorious defence: s35 Covid‑19 Act 2020 did not apply as the contractual delivery date (2.1.2020) predated the exclusion period; liquidated damages must be calculated on the purchase price stated in the SPA (RM648,000) not the discounted price; the SPA’s LD clause displaces a right to terminate and plaintiffs are entitled to LD without proving actual loss; therefore plaintiffs entitled to summary judgment and the claimed LD amount was justified.
3 Jun 2022

1. ) Guangzhou Light Industry & Trade Group Ltd 2. ) Guangzhou Eaglecoin Enterprises Group Corporation (also Known As Guangdong Cannery) 3. ) Kim Guan Hap Kee Sdn Bhd Lintas Superstore Sdn Bhd

Citation

02(f)-62-10/2020(S) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-62-10/2020(S) (Mahkamah Persekutuan)

The Federal Court held the Court of Appeal erred: parallel import defence under s40(1)(dd) TMA fails absent express or implied consent by the proprietor/registered user; where goods are territorially restricted, materially different and non‑compliant with domestic regulatory requirements, trademark rights are not exhausted and importation/resale constitutes infringement and passing off; High Court judgment is reinstated.

Malaysia Case Law

Majlis Perbandaran Kuala Terengganu (MPKT) MENSILIN GREEN ENERGY SDN. BHD.

TOK JIANG WAI ERA UNIVERSE DEVELOPMENT SDN BHD

1. ) NG KENG KHOON 2. ) TANG LEE WEN ERA UNIVERSE DEVELOPMENT SDN. BHD.

1. ) CHIN CHEE JIAN 2. ) CHIN YAN YEE ERA UNIVERSE DEVELOPMENT SDN. BHD.

1. ) Guangzhou Light Industry & Trade Group Ltd 2. ) Guangzhou Eaglecoin Enterprises Group Corporation (also Known As Guangdong Cannery) 3. ) Kim Guan Hap Kee Sdn Bhd Lintas Superstore Sdn Bhd