Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Noise nuisance

  • 16 Jan 2026

    1. ) LAI CHEE MIN 2. ) PHOONG SIEW MAE WONG CHOY MEE

    Citation
    BA-12B-43-06/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12B-43-06/2025 (Mahkamah Tinggi)

    The Appellants established possession of Lots 32 and 60 on the balance of probabilities by oral testimony and contemporaneous documentary and photographic evidence; the Respondent’s restaurant operations produced persistent oily smoke/odour, prolonged preparatory noise and parking/traffic disruption that, in the residential locality, exceeded tolerable levels and constituted actionable private nuisance. The Sessions Court erred in requiring formal title and in rejecting the nuisance claim. Appeal allowed, Sessions Court judgment set aside, and a permanent injunction, costs and referral for as…

  • 13 Jan 2025

    LOOI YONG PING 1. ) LAU YEE XUAN 2. ) LU JIA CHENG

    Citation
    JA-A53-21-08/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-A53-21-08/2024 (Mahkamah Sesyen)

    Application for interim injunction dismissed because applicant failed to demonstrate the requisite clear, urgent and exceptional case: CCTV footage did not establish excessive noise, recording was external and likely attenuated indoors, medical report did not link depression to defendants' conduct, absence of corroborating complaints from neighbours, defendant's vehicle passed inspection, and there was inordinate delay and procedural non-compliance; costs of RM5,000 awarded to defendants.