Malaysia Case Law: Decisions & Judgments

Topic

Nullity of proceedings

Legal area

Court

10 Apr 2026

BADAN PENGURUSAN BERSAMA IMPERIA EDGENTA TMS SDN BHD

Citation

JA-12BNCvC-19-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-19-06/2025 (Mahkamah Tinggi)

Because the respondent was in voluntary winding up and there was no evidence the liquidator had authorized, ratified or commenced the proceedings, the respondent lacked the legal capacity and locus standi to sue; proceedings commenced without liquidator authority were a foundational defect amounting to a nullity, thus the Sessions Court judgment founded on those proceedings was unsafe and must be set aside.
1 Dec 2022

MOHD IZZUDDIN SYUKRI BIN ISHAK PACIFIC & ORIENT INSURANCE CO BERHAD

Citation

WA-22NCC-168-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-168-04/2019 (Mahkamah Tinggi)

Because the Court of Appeal unanimously held that the High Court judge erred in dismissing OS 466 and that the consequent writ proceedings are a nullity, the High Court must refrain from delivering judgment in the nullified writ action and should make no order as to costs.
24 May 2022

WAN NURFARAHAN BINTI WAN ABD MUNIR

Citation

DA-41S-16-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41S-16-07/2021 (Mahkamah Tinggi)

The charge was legally defective because it relied on section 464(a) which only defines falsification and does not create a punishable offence; that defect was not a mere technicality and could not be cured by sections 156 or 422 CPC/KTJ; the magistrate's trial was therefore a nullity and the conviction and sentence were quashed with no retrial ordered.
4 Oct 2021

Datin Seri Rosmah binti Mansor (No. K/P:511210-05-5558)

Citation

W-07-79-09/2021 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-07-79-09/2021 (Mahkamah Rayuan)

The Court dismissed the application for stay because the Applicant failed to demonstrate exceptional or unusual circumstances required to justify a stay; the possibility that proceedings may be rendered a nullity or that the Applicant will incur trial expense does not constitute special circumstances; public interest and statutory policy favor expeditious completion of the trial (s172B(4) CPC).
1 Jan 1900

HAYATI BINTI YUSSOFF KHAIRUDIN BIN ABU BAKAR

Citation

PA-11B-23-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-11B-23-05/2019 (Mahkamah Tinggi)

Because the defendant had died before the commencement of the suit and the plaintiff failed to take the mandatory steps required by Order 15 Rule 6A(4) to substitute or appoint a representative for the estate, the proceedings were fatally defective; non-compliance rendered the trial and judgment null and void and estoppel did not relieve the plaintiff of the obligation to correct the adjectival defendant.

Malaysia Case Law

BADAN PENGURUSAN BERSAMA IMPERIA EDGENTA TMS SDN BHD

MOHD IZZUDDIN SYUKRI BIN ISHAK PACIFIC & ORIENT INSURANCE CO BERHAD

WAN NURFARAHAN BINTI WAN ABD MUNIR

Datin Seri Rosmah binti Mansor (No. K/P:511210-05-5558)

HAYATI BINTI YUSSOFF KHAIRUDIN BIN ABU BAKAR