Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ownership of minerals

  • 23 Apr 2025

    ASIA INTERGRAL RESOURCES SDN BHD DTN RESOURCES SDN BHD

    Citation
    BL-22NCC-17-11/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-22NCC-17-11/2022 (Mahkamah Tinggi)

    P6 is a valid written mining operations agreement signed by the parties; Asia Integral failed on the balance of probabilities to prove that the RM950,000 was a loan or that processed ore had been sold so as to trigger broader entitlements; under P6 Asia Integral's recoverable operational/processing charges were limited and payable only upon sale proceeds and DTN was entitled to set off the RM800,000 deposit; DTN proved entitlement to minimum profit pro rata for three months (RM1,500,000) and to general damages for unreturned ore (RM877,938). Asia Integral's claims are dismissed with costs.

  • 23 Apr 2025

    DTN RESOURCES SDN. BHD. ASIA INTEGRAL RESOURCES SDN. BHD.

    Citation
    BL-22NCvC-43-10/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-22NCvC-43-10/2023 (Mahkamah Tinggi)

    The court held P6 was a valid written agreement; Asia Integral failed to discharge the burden to prove its claimed loan, sales, processed tonnage and quantum of loss on the balance of probabilities; amounts paid by Asia Integral were primarily deposits (RM800,000) and payments for ore, not repayable loans; operational costs were recoverable only upon proven sale and receipt of sale proceeds; DTN was entitled to enforce the Minimum Profit Guarantee pro rata for the effective period before termination and to recover loss for unreturned processed stock; accordingly Asia Integral's claims were di…