Malaysia Case Law: Decisions & Judgments

Topic

Interim payment

Legal area

Court

7 Nov 2024

KENYIN HARDWARE SDN. BHD. 1. ) MOHD NASRI BIN MD SAID 2. ) EXCEL STRADA SDN. BHD.

Citation

JA-A52NCvC-207-07/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-207-07/2024 (Mahkamah Sesyen)

Plaintiff failed to satisfy the statutory requirements for an interim payment because it did not demonstrate that defendants admitted liability or that it faced hardship requiring interim relief, and there were bona fide triable issues (notably the validity of backdated rent increases and liability for TNB and double rent); accordingly the application under Order 22A is dismissed.
23 Jul 2023

IMPIAN MURNI RESOURCES SDN BHD KHENG BEE CONSTRUCTION SDN BHD

Citation

DA-22NCvC-37-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-37-06/2019 (Mahkamah Tinggi)

The court held that Clauses 2.1 and 2.2 allowed the work programme to be revised due to site conditions and concurrent subcontractor activity; Plaintiff was therefore not in delay and the six-month completion period was effectively extended. Defendant failed to prove the proper quantum and entitlement to set-off for materials on site and ignored the effect of flooding and the stop-work instruction. Accordingly Plaintiff’s interim payment claim of RM1,288,643.35 is allowed and Defendant’s counterclaim is dismissed.
11 Apr 2023

WA-22IP-6-03/2022 (Mahkamah Tinggi)

Citation

WA-22IP-6-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-6-03/2022 (Mahkamah Tinggi)

The court dismissed the Defendants' application because the Plaintiff is entitled to impose confidentiality conditions on any non-party recipient of documents under a protective order; the proposed conditions were reasonable, not shown to be unworkable, and necessary to prevent indefinite and irreparable dissemination of confidential material. The balance of justice favored confidentiality over unconditional disclosure to a non-party.
31 May 2022

SEATADVISOR SDN BHD PERBADANAN STADIUM MALAYSIA

Citation

WA-22NCvC-246-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-246-04/2021 (Mahkamah Tinggi)

The court found on the balance of probabilities that the plaintiff had established a realistic prospect of obtaining a substantial judgment at trial and satisfied the threshold for an interim payment under Order 22A r.4; the defendant, as a statutory corporation, is not barred from an O.22A application by being characterised as the 'Government' and statutory immunities (s.35/s.36) could not be resolved at interlocutory stage; exercising discretion to avoid undue hardship and having regard to dispute and risk of overpayment, the court reduced the sum sought and ordered an interim payment of RM…
18 Nov 2019

1. Soo Hoi Ling (co-administrator of the Estate of Khoh Liak Teng) 2. Khoh Ching Yi (suing by next friend, Soo Hoi Ling) 3. Khoh Chia Sze (suing by next friend, Soo Hoi Ling) 1. Khoh Keow Bok (sued as co-administrator of the Estate of Khoh

Citation

PA-22NCvC-58-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-58-02/2019 (Mahkamah Tinggi)

The interim mandatory injunction was refused because plaintiffs failed to show an unusually strong and clear case and could not establish on affidavits that they would probably obtain the relief at trial; beneficiaries have no beneficial interest in the estate until administration and debts are discharged, so monies cannot be ordered released; discovery was partly ordered because source documents of the 8th defendant (financial statements, accounts, minutes, transactional records and any documents from safes) are relevant and necessary to fairly dispose of the matter, but broader discovery re…

Malaysia Case Law

KENYIN HARDWARE SDN. BHD. 1. ) MOHD NASRI BIN MD SAID 2. ) EXCEL STRADA SDN. BHD.

IMPIAN MURNI RESOURCES SDN BHD KHENG BEE CONSTRUCTION SDN BHD

WA-22IP-6-03/2022 (Mahkamah Tinggi)

SEATADVISOR SDN BHD PERBADANAN STADIUM MALAYSIA

1. Soo Hoi Ling (co-administrator of the Estate of Khoh Liak Teng) 2. Khoh Ching Yi (suing by next friend, Soo Hoi Ling) 3. Khoh Chia Sze (suing by next friend, Soo Hoi Ling) 1. Khoh Keow Bok (sued as co-administrator of the Estate of Khoh