Malaysia Case Law: Decisions & Judgments

Topic

Lien

Legal area

Court

29 Jul 2025

JAGADESH ROA A/L SUBRAMANIAM WAKIL DIRI KEPADA HARTA PUSAKA KANIAH A/L LEDHUMANAN (SIMATI) PENCELAH KALAISELVI A/P SHANMUGAM

Citation

BA-24NCvC-500-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-500-03/2024 (Mahkamah Tinggi)

Permission to intervene and a stay were granted because the proposed intervener held a legally cognizable interest as a joint administrator under a Grant issued before the consent order, and she established special circumstances — risk of nugatoriness if the sale proceeded, credible allegations of non‑notification and possible fraud in obtaining the consent order, and evidence of solicitor involvement — sufficient to justify suspension of the sale pending the Sessions Court challenge.
19 May 2025

PT TRI PERKASA EXPRESS GREEN GLOBAL TRANSPORT SOLUTIONS SDN. BHD.

Citation

WA-27NCC-45-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-45-09/2023 (Mahkamah Tinggi)

The Settlement Agreement objectively manifested an intention to transfer ownership of the specified containers to the Plaintiff upon compliance with Article 2 (which was satisfied by the annexed list of serial numbers and subsequent location information constituting supporting documents), the Curator's conduct and non‑claim of the containers corroborated transfer, and the Defendant had no contractual or customary basis to assert a general lien; therefore Plaintiff holds legal and beneficial title and is entitled to delivery up, and Defendant’s counterclaim for fees and storage fails.
31 May 2024

KEE HIN VENTURES SDN BHD 1. ) Great Partners Industries Ltd 2. ) APEX LEADER (HK) LTD 3. ) ONG WAN BING @ KIE TJHAN

Citation

W-02(NCC)(W)-646-04/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-646-04/2022 (Mahkamah Rayuan)

The Court allowed the appeal in part: it held the High Court erred in applying the arbitral Award to bind the appellant and in awarding pre‑judgment interest to the Respondents in a manner inconsistent with the appellant's Articles of Association (Article 100); however the Court found the 31 March 2017 letter constituted a clear and unequivocal acknowledgement of the debt under s.26(2) Limitation Act 1953, so the claim for the 2013 dividend was not time‑barred. The High Court's order awarding pre‑judgment interest was varied accordingly and other declaratory claims dismissed as set out in the…
15 Dec 2022

BUKIT BUMIJAYA SDN BHD ADAM BIN KHAIRUL HURRI (berniaga di bawah nama dan gaya AMR MALAYA VENTURES (002980110-K))

Citation

AA-B52NCvC-32-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-B52NCvC-32-09/2022 (Mahkamah Sesyen)

Court found plaintiff disclosed a bona fide serious issue; procedural objections did not cause irremediable prejudice; defendant's force majeure defence was unpersuasive in light of payments and failure to resume performance; clause 14.1 created a lien entitling plaintiff to restrain removal of listed equipment; on balance of convenience plaintiff would suffer greater and irreparable prejudice (including risk of SA cancellation) so interim injunction until final disposal was justified.
30 Nov 2020

FABULOUS RANGE SDN BHD HELENA A/P GNANAMUTHU

Citation

B-02(NCVC)(W)-828-04/2017 (Mahkamah Rayuan)
Court

NCVC
Case number

B-02(NCVC)(W)-828-04/2017 (Mahkamah Rayuan)

Appeal allowed in part: plaintiff was not entitled to rescission because there was no total failure of consideration and the plaintiff had affirmed the agreements by taking vacant possession, submitting defect lists and continuing payment; misrepresentation was not established as to give rescission and the High Court erred in awarding rescission together with damages; High Court decision set aside except for award of LAD of RM62,232.90; matter remitted to High Court to assess damages arising from failure to rectify defects and comply with contractual conditions; parties permitted to call furt…
KOPERASI NIAGA PEGAWAI-PEGAWAI LEMBAGA PERTUBUHAN PELADANG BHD LWN.

Citation

KOPERASI NIAGA PEGAWAI-PEGAWAI LEMBAGA PERTUBUHAN PELADANG BHD LWN.
Court

Malaysian court

The court found on the balance of probabilities that the lots in the sale plan corresponded to the registered titles and that the full purchase price was received on 21 January 1986; consequently Jaya Kencana became a bare trustee as of that date and lacked power to create the security. Therefore the lien-holder caveats lodged by Southern Finance (and now Southern Bank) were invalid and were ordered removed; plaintiff's reliefs were granted with costs.
TAN TIEN SENG V. GROBINA RESORTS SDN BHD

Citation

TAN TIEN SENG V. GROBINA RESORTS SDN BHD
Court

Malaysian court

The defendant failed to establish special circumstances to justify an unconditional stay; however, a conditional stay was granted on the clear terms that the defendant must deposit the full judgment sum and accrued interest into an interest-bearing joint solicitors' client account by 17 July 2006 and comply with procedural conditions, failing which the stay will lapse.
HONG LEONG BANK BERHAD V STAGHORN SDN BHD

Citation

HONG LEONG BANK BERHAD V STAGHORN SDN BHD
Court

Malaysian court

An application to intervene to set aside an order for sale by a non-party is competent only while the underlying proceedings are still in existence (before judgment is perfected); where the final order has been made and perfected the court is functus officio and late intervention is impermissible; at the leave stage the court must decide on affidavit evidence without making final factual or legal determinations.