Malaysia Case Law: Decisions & Judgments

Topic

Joint and several liability of partners

Legal area

Court

20 Apr 2026

1. ) CHONG WUI EN 2. ) CHONG HUI YI WONG SHEN NEE

Citation

WA-12BNCC-5-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-5-03/2025 (Mahkamah Tinggi)

The High Court dismissed the appeal: it upheld the trial judge's findings that the respondent contracted in her personal capacity and paid from her personal account; the delivered digital platforms were non-functional so there was total failure of consideration entitling restitution of RM593,715.00; the WhatsApp message was admissible as an admission not protected by without prejudice privilege; the Second Appellant remained a partner during the contract period and is jointly and severally liable under Partnership Act s11; and the counterclaim was rightly dismissed for lack of proof and fabri…
3 May 2024

FELCRA BERHAD 1. ) ADLI SHARIDAN BIN SAHAR 2. ) NURUL ADZLIANA AINNIE BT ABDULLAH 3. ) MOHD IRWAN NIZAM BIN KHORIZAN 4. ) NORAZLINA MAT SAAD 5. ) SHARIDAN & CO 6. ) ADZLIANA & PARTNERS 7. ) NOR AZLAN BIN MD HURI

Citation

WA-22NCvC-425-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-425-07/2018 (Mahkamah Tinggi)

On the facts the court found plaintiff proved on balance of probabilities that defendants (individual solicitors, the two law firms, a salaried partner and a held‑out non‑solicitor partner) received and/or controlled client/purchase monies and failed to account or misapplied funds; partnership law and Partnership Act provisions render the firm and partners jointly and severally liable and permit judgment in the firm name; incoming or salaried partners held out as partners are liable for continuing obligations; plaintiff entitled to recover ascertainable losses of RM8,383,551.54, exemplary dam…
6 Sept 2021

PEMIUTANG PENGHAKIMAN Bank Muamalat Malaysia Berhad [No. Syarikat: 6175-W] PENGHUTANG PENGHAKIMAN Amirul Syamil bin Mohamad Nizami [No. K/P: 941127-03-6479]

Citation

DA-29NCC-212-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-29NCC-212-05/2020 (Mahkamah Tinggi)

The court held the bankruptcy notice quantified the amount in accordance with the terms of the judgment and Insolvency Act s.3(1); the debtor failed to produce a detailed counter-calculation or counterclaim to displace the creditor's computation; and because the judgment arose from a partnership the creditor was entitled to pursue any partner for the full judgment sum. The appeal was dismissed with costs.

Malaysia Case Law

1. ) CHONG WUI EN 2. ) CHONG HUI YI WONG SHEN NEE

FELCRA BERHAD 1. ) ADLI SHARIDAN BIN SAHAR 2. ) NURUL ADZLIANA AINNIE BT ABDULLAH 3. ) MOHD IRWAN NIZAM BIN KHORIZAN 4. ) NORAZLINA MAT SAAD 5. ) SHARIDAN & CO 6. ) ADZLIANA & PARTNERS 7. ) NOR AZLAN BIN MD HURI

PEMIUTANG PENGHAKIMAN Bank Muamalat Malaysia Berhad [No. Syarikat: 6175-W] PENGHUTANG PENGHAKIMAN Amirul Syamil bin Mohamad Nizami [No. K/P: 941127-03-6479]