Malaysia Case Law: Decisions & Judgments

Topic

Oral variation

Legal area

Court

12 Jun 2025

MTRUSTEE BERHAD 1. ) PERSONAL BANC BERHAD 2. ) DATUK MURUGAN A/L SUPPARAMANIAM

Citation

WA-B52NCvC-543-11/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-543-11/2023 (Mahkamah Sesyen)

Plaintiff met the requirements for summary judgment; defendants' alleged oral termination and set-off defences were unparticularised, inconsistent with the written agreements (which bar oral amendments), lacking precision and inherently improbable, therefore no triable issues existed and summary judgment was entered for the plaintiff on the claims in paragraphs 1(a)–(d) of the originating application.
19 Apr 2024

1. ) BAGAN MASYHUR SDN. BHD. 2. ) G.M.P. MASYHUR SDN. BHD. 3. ) MASYHUR FIRST DEVELOPMENT SDN. BHD. 4. ) ZUIHAIMI BIN ISMAIL PUBLIC BANK BERHAD

Citation

PA-22NCvC-30-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-30-02/2021 (Mahkamah Tinggi)

Given the undisputed factual chronology and the contractual terms of the GSA, the court held an Event Of Default occurred because plaintiffs defaulted on scheduled payments; defendant did not breach but was entitled to declare default and enforce the existing facilities and securities including charging interest under those facilities; alleged oral variations were ineffective due to the entire agreement and written amendment clauses; plaintiffs failed to prove unjust enrichment; specific performance was inappropriate as plaintiffs had breached. Therefore the Order 14A application was suitable…

Malaysia Case Law

MTRUSTEE BERHAD 1. ) PERSONAL BANC BERHAD 2. ) DATUK MURUGAN A/L SUPPARAMANIAM

1. ) BAGAN MASYHUR SDN. BHD. 2. ) G.M.P. MASYHUR SDN. BHD. 3. ) MASYHUR FIRST DEVELOPMENT SDN. BHD. 4. ) ZUIHAIMI BIN ISMAIL PUBLIC BANK BERHAD