Malaysia Case Law: Decisions & Judgments

Topic

Injunctive relief

Legal area

Court

18 Nov 2025

1. ) PERMODALAN KELANTAN BERHAD 2. ) KOPERASI PERMODALAN KELANTAN BERHAD KOPERASI SAHABAT AMANAH IKHTIAR MALAYSIA BERHAD

Citation

WA-B52NCC-995-12/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-995-12/2022 (Mahkamah Sesyen)

On the balance of probabilities the defendant knowingly opened and operated the two disputed branches without the prior written approvals required by the Ar-Rahn franchise terms and used the plaintiffs' registered trademarks and system without permission, thereby breaching the franchise terms and committing passing off; plaintiffs proved loss and entitlement to injunctive relief, account of profits or assessment of damages and to exemplary and aggravated damages and costs.
6 Nov 2025

IEM SA FLOWBIRD MALAYSIA SDN BHD

Citation

W-02(NCvC)(W)-740-05/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-740-05/2024 (Mahkamah Rayuan)

On the evidence and applying the established elements for breach of confidence and fiduciary duties, the trial judge was not plainly wrong to find that confidential information was disclosed by Flowbird's employees/directors to IEM and used to secure projects, constituting breach of confidence, breach of fiduciary duty and conspiracy to injure; however the original damages award for the Rotorua contract (USD253,321.30) exceeded recoverable loss of profit and must be reduced to USD51,610.00 (sales minus cost). The remainder of the High Court judgment, including injunctions and findings of liab…
4 Nov 2025

MEASAT BROADCAST NETWORK SYSTEMS SDN . BHD. 1. ) LOH CHEN HUAT 2. ) LOO YOONG HAW @ VANCHAI VIROCHPOKHA

Citation

WA-24IP-3-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24IP-3-01/2025 (Mahkamah Tinggi)

Plaintiff established ownership and subsistence via Section 42 declarations; unchallenged video evidence showed defendants communicated and performed Plaintiff's copyrighted works to a new public at their commercial premises using unauthorised streaming means; defendants lacked licence; those acts infringed Sections 13 and 36; permanent injunction granted; statutory damages RM125,000 awarded; additional damages declined as statutory award sufficient for compensation and deterrence.
17 Oct 2025

Sun Pharmaceutical Sdn Bhd 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Darin 3. ) Gan Jia Swee 4. ) Jabatan Peguam Negara

Citation

WA-22NCC-524-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-524-10/2020 (Mahkamah Tinggi)

On the balance of probabilities the Court found D1 deliberately engineered transfers of Sun Pharma's distributorships and assets, including by misrepresenting/signing documents purportedly bearing the co-shareholder's signature, and that D2 and D3, as senior officers, knowingly participated in and benefited from the diversion; their breaches materially caused Sun Pharma's losses and justified declaratory relief, injunctions, full compensatory damages and exemplary damages.
28 Sept 2025

TAN JUN SIANG 1. ) KAMALUDIN BIN SAID 2. ) CHE ANI BIN AJI

Citation

KA-24NCvC-556-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-556-11/2024 (Mahkamah Tinggi)

The tenancy agreement was valid because it constituted an initial three-year tenancy followed by a further three-year term permitted under section 10 of the Malay Reservation Enactment; clause 5 did not confer a unilateral right to terminate by one month's notice and there was no breach by the plaintiff, therefore the purported notice of termination was invalid and of no effect; defendants are prohibited from disturbing the plaintiff's possession and costs were awarded.
22 Sept 2025

KOMPLEKS PERKAYUAN KELANTAN SDN BHD HUSAM BIN MUSA

Citation

DA-23CY-06-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

DA-23CY-06-09/2017 (Mahkamah Tinggi)

Court found on balance of probabilities that defendant published the three impugned statements, that the shorthand 'KPK' referred to plaintiff, that the statements were false and defamatory, and that defendant failed to prove justification or fair comment and acted with malice; accordingly plaintiff succeeded and was awarded general damages, injunctions, deletion/withdrawal and costs.
14 Aug 2025

1. ) GRACEFUL FRONTIER SDN BHD 2. ) GOLDEN CASTLE CITY SDN BHD 3. ) GOLDEN HIGHWAY LANDMARK SDN BHD 4. ) PENTAS OTO SDN BHD 5. ) HIGHWAY CITY LAND SDN BHD 6. ) GOLDEN HIGHWAY AUTO-CITY SDN BHD 7. ) GOLDEN STAR LAND SDN BHD 1. ) THEOW SAY KO

Citation

PA-22NCvC-220-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-220-11/2020 (Mahkamah Tinggi)

The court found the Notice defamatory and referring to the Plaintiffs; evidence established the 2nd Defendant participated in and caused publication; defendants published maliciously or with reckless disregard for truth; statutory and common law defences (justification, Lucas-Box, qualified privilege, Reynolds, absolute privilege, s8, s9, s11) failed; exemplary and aggravated damages awarded and counterclaims dismissed.
18 Jul 2025

1. ) KACON ASSET GROUP SDN. BHD. 2. ) TAN HAI KEAT 1. ) KACON CONSTRUCTION SDN. BHD. 2. ) CAL-TEST LABORATORY SDN. BHD. 3. ) RAMLI BIN OSMAN 4. ) MOHD HASRULNIZAM BIN ENDRUS 5. ) WANG MIN

Citation

WA-24NCC-212-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-212-04/2025 (Mahkamah Tinggi)

The CSSA was validly performed because the agreed consideration of RM1,000,000 was discharged by the allotment and registration of 5,000 RCPS to the 1st Plaintiff as evidenced by the statutory Return of Allotment and subsequent transfers recorded under s105; therefore the plaintiffs' claims that consideration failed and that the CSSA is void failed. The injunctive reliefs sought were excessively wide, disproportionate and would unduly impede statutory and fiduciary duties and ongoing time‑sensitive projects; consequently the Originating Summons and ancillary discovery application were dismiss…
27 Aug 2024

WONG CHONG KIEW 1. ) SAMALEGA SDN BHD 2. ) TAN KENG THYE 3. ) LEE HOCK SENG

Citation

BA-24NCC-103-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-103-09/2023 (Mahkamah Tinggi)

The application was dismissed because the court found the disposal complied with section 223 (having been approved at a duly convened EGM with valuation evidence), the plaintiff's claims were barred by res judicata and constituted an abuse of process, the plaintiff did not act in good faith and failed to disclose material facts, and the reliefs sought were academic as the sale had been completed; costs awarded and counterclaim struck out with liberty to file afresh.
19 Aug 2024

KUALITI ALAM HIJAU (M) SDN BHD 1. ) HHC INDUSTRIES SDN BHD 2. ) LIM SEOW BOON 3. ) LAI BAK HOON 4. ) UMMI HAZWAI BINTI AB HAMID 5. ) ANDREA NG PEI CHUN 6. ) SAIFUL AZWAN BIN YAHYA 7. ) TAN PENG HOOI 8. ) HHC GREEN GLOBAL MANUFACTURING SDN B

Citation

WA-22NCC-595-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-595-12/2020 (Mahkamah Tinggi)

On the balance of probabilities the court found the defendants' employment was terminated effective 1.8.2018; contemporaneous documents and admissions by the plaintiff's director (including instruction to prepare termination notices and WhatsApp messages) disproved plaintiff's central assertions; continued EPF/SOCSO contributions and digital signatures did not prove ongoing employment or forgery where authority existed; plaintiff failed to prove conspiracy, forgery, breach of fiduciary duty, unlawful interference, unjust enrichment or knowing/dishonest assistance; therefore all claims dismiss…