Malaysia Case Law: Decisions & Judgments

ALLIANCE BANK MALAYSIA BERHAD MOHD HALIM WHY BIN ABDULLAH

Citation

WA-A72NCC-26996-06/2025 (Mahkamah Majistret)

Court

Magistrates' Court

Case number

WA-A72NCC-26996-06/2025 (Mahkamah Majistret)

Plaintiff proved a prima facie debt by loan documentation, account statements and a Certificate of Indebtedness; defendant failed to present alternative figures or documentary evidence to raise a triable issue, therefore summary judgment was appropriate.

8 Oct 2019

NAZA ENGINEERING & CONSTRUCTION SDN. BHD. (Co. No.: 911917-T) SSL DEV SDN. BHD. (Co. No.: 101749-H)

Citation: BA-24C-60-05/2019 (Mahkamah Tinggi)
Court: High Court
Case number: BA-24C-60-05/2019 (Mahkamah Tinggi)

The adjudication decision was set aside because the adjudicator exceeded his jurisdiction by awarding a 4th pre-adjudication interest sum (RM392,649.71) which was not claimed in the payment claim or adjudication claim, resulting in potential unjust enrichment; errors of merit, evidentiary weighing or disputed findings do not justify setting aside under s15, and in a pure setting aside application the court lacks power under s15 to vary or sever part of an adjudication decision (the court may only vary/sever when making an enforcement order under s28).