Malaysia Case Law: Decisions & Judgments

Topic

Locus standi of personal representative

Legal area

Court

2 Feb 2026

FAIZAL BIN ZAINAL RASHID 1. ) KEDAH AGRO HOLDINGS BERHAD 2. ) SHUBERT DELOS REYES ANCHETA 3. ) Ahmad Qusyairi Bin Ahmad Zaini

Citation

KA-22NCvC-21-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-21-06/2023 (Mahkamah Tinggi)

Plaintiff's case is dismissed because he fatally departed from his pleaded case by abandoning the primary claim against the named corporate borrower without amendment, thereby destroying the legal foundation for any secondary guarantor claim; additionally the Third Defendant lacked locus standi as he was not shown to be the estate administrator and there was overwhelming evidence that the transaction was tainted by illegality and public policy, so no relief can be granted.
25 Aug 2023

Mohd Hassan Bin Mat Ariffin (Sebagai Pentadbir Kepada Si Mati Yong Hafizah Binti Hassan Basri, No. Kp: 680825-09-5000) 1. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 2. ) Pentadbir Tanah Negeri Perlis

Citation

RA-24NCvC-15-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

RA-24NCvC-15-04/2023 (Mahkamah Tinggi)

Plaintiff as administrator had locus under s59 Probate and Administration Act; the earlier High Court judgment rendered the sale agreement void so the transfer and subsequent mortgage/charge were invalid or defeasible; defendants failed to prove existence and authenticity of the alleged side letter (Exhibit D.10) and failed to substantiate alleged payments; on balance of probabilities plaintiff entitled to declaratory relief, cancellation of the auction and related orders; costs RM5,000 awarded against Defendant 1.
9 Dec 2021

Amareson A/L K.Velu [AMARESON & MEERA (PENANG)] Harbajan Kaur [MEHGALA & COMPANY (BUTTERWORTH)]

Citation

PA-22NCVC-184-09/2016 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-184-09/2016 (Mahkamah Tinggi)

The substitution order had ceased to have effect for failure to amend the pleadings within the time required by Order 20 r.9, leaving no proper party with locus to prosecute the counterclaim; accordingly the counterclaim (and the related application) was dismissed.
14 Dec 2020

1. ) LOW HONG ENG 2. ) YEONG TECK KONG 1. ) LEE SOO JOO 2. ) YONG YIP HEE 3. ) YONG YIP HOONG

Citation

WA-24NCVC-1321-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1321-08/2020 (Mahkamah Tinggi)

The Originating Summons was dismissed because the statutory preconditions for relief under s145 NLC were not met (no request for partition and no proven refusal by co-proprietors), the inherent jurisdiction under s25(2) was not properly shown to be necessary or expedient (offer below market, Defendants offered to buy, Buyer had not sued), the 1st Plaintiff lacked locus standi as she was unregistered under s346(5) NLC, and the Plaintiffs failed to prove the Defendants consented to sale or established a legal basis for rental damages.

Malaysia Case Law

FAIZAL BIN ZAINAL RASHID 1. ) KEDAH AGRO HOLDINGS BERHAD 2. ) SHUBERT DELOS REYES ANCHETA 3. ) Ahmad Qusyairi Bin Ahmad Zaini

Mohd Hassan Bin Mat Ariffin (Sebagai Pentadbir Kepada Si Mati Yong Hafizah Binti Hassan Basri, No. Kp: 680825-09-5000) 1. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 2. ) Pentadbir Tanah Negeri Perlis

Amareson A/L K.Velu [AMARESON & MEERA (PENANG)] Harbajan Kaur [MEHGALA & COMPANY (BUTTERWORTH)]

1. ) LOW HONG ENG 2. ) YEONG TECK KONG 1. ) LEE SOO JOO 2. ) YONG YIP HEE 3. ) YONG YIP HOONG