Malaysia Case Law: Decisions & Judgments

Topic

Inducing breach of contract

Legal area

Court

15 Jul 2025

GREATSHIP GLOBAL OFFSHORE SERVICES PTE LTD 1. ) VANTAGE MARINE & LOGISTICS SDN BHD 2. ) AZIZUL AZMA BIN AB MALIK 3. ) ESWARAN A/L PANJARATNAM 4. ) WONG CHENG PERNG 5. ) MARGRATE TAMBANUN 6. ) MUHAMMAD SABRI BIN AB GHANI 7. ) SKOSV SDN BHD

Citation

WA-27NCC-12-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-12-03/2023 (Mahkamah Tinggi)

SKOSV's separate Acknowledgement and Confirmation constituted agreement to be bound by the Payment Procedure in Addendum No.4; SKOSV knowingly withheld notification of End User receipts and entered a Set-Off (Hibiscus Addendum No.1) that deprived funds intended for Greatship, such conduct amounted to direct interference and inducement of breach and imposed a constructive trust and fiduciary duties on SKOSV; conversely, evidence did not show the Vantage Directors acted outside their corporate capacities or with predominant intention to injure Greatship, therefore conspiracy and trustee claims…
20 Aug 2024

ORIN ENERGY INVESTMENTS LTD FUTURA ASIA LIMITED (NO.SYARIKAT HONG KONG 2485758)

Citation

WA-27NCC-17-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-17-03/2021 (Mahkamah Tinggi)

On the facts the Court found Orin Energy knew the Fuel Oil was Venezuelan-origin; the cargo was not treated as blocked/sanctioned for these non-US parties because OFAC designation and the blocking effects relevantly require possession/control by a US person or an OFAC designation; BP GTC Section 71 was therefore not triggered; Futura did not misrepresent or induce breach; Orin Energy breached the Sales Contract by failing to pay/take delivery and is liable for the unpaid balance, demurrage and port costs; Plaintiff's claims dismissed and Defendant's counterclaims allowed in part.
24 May 2024

NG KIM CHEONG Kuan Kong Hong

Citation

WA-22NCvC-408-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-408-06/2019 (Mahkamah Tinggi)

On the evidence, including surveillance and witness testimony and the circumstances of an acrimonious departure, the defendant intentionally enticed 30 clients away in breach of the agreement causing loss; the proper measure of loss is annual fees for a reasonable period, fixed at three years; defendant's counterclaim for defamation and breach of confidentiality failed and is dismissed.
19 Aug 2022

BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1. ) GM HEALTHCARE SDN BHD & 1 LAGI 2. ) Sunshine Fleet Sdn Bhd 3. ) Frontier Structure Sdn Bhd 4. ) Ahmad Zaim Bin Hilmi 5. ) Chua Zhi Bin 6. ) Ooi Boon Seng 7. ) Ng Lee Sen

Citation

W-02(W)-369-02/2018 (Mahkamah Rayuan)
Court

W
Case number

W-02(W)-369-02/2018 (Mahkamah Rayuan)

Sunshine's earlier absolute assignment (DOA 22/5/2009) prevailed; DOA-16/7/2009 was invalid and acceptance/operation of it by the Bank caused a breach of the facilities agreement by wrongfully withholding and misdirecting project proceeds; the withholding of RM1,447,443.38 was not de minimis and constituted breach; as a result GMH was discharged and the guarantors could not be held liable; the Bank's counterclaim against guarantors was procedurally premature.

Malaysia Case Law

GREATSHIP GLOBAL OFFSHORE SERVICES PTE LTD 1. ) VANTAGE MARINE & LOGISTICS SDN BHD 2. ) AZIZUL AZMA BIN AB MALIK 3. ) ESWARAN A/L PANJARATNAM 4. ) WONG CHENG PERNG 5. ) MARGRATE TAMBANUN 6. ) MUHAMMAD SABRI BIN AB GHANI 7. ) SKOSV SDN BHD

ORIN ENERGY INVESTMENTS LTD FUTURA ASIA LIMITED (NO.SYARIKAT HONG KONG 2485758)

NG KIM CHEONG Kuan Kong Hong

BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1. ) GM HEALTHCARE SDN BHD & 1 LAGI 2. ) Sunshine Fleet Sdn Bhd 3. ) Frontier Structure Sdn Bhd 4. ) Ahmad Zaim Bin Hilmi 5. ) Chua Zhi Bin 6. ) Ooi Boon Seng 7. ) Ng Lee Sen