Malaysia Case Law

19 Dec 2020

CIMB Bank Berhad 1. Ginza Concrete Sdn Bhd & 4 Lagi

Citation

D9-22-2218-2008 (Mahkamah Tinggi)

Court

High Court

Case number

D9-22-2218-2008 (Mahkamah Tinggi)

Leave to execute was refused because the plaintiff failed to provide sufficient reasons for the delay in enforcing a judgment of more than six years; critical grounds relied upon by the plaintiff (inability to serve bankruptcy documents due to defendant's domicile and personal service requirements) were not pleaded in the notice or supporting affidavit and thus could not be relied upon as afterthoughts; prejudice from the escalation of the debt reinforced that leave should not be granted.

• Execution of judgment
• Leave to execute
• Bankruptcy proceedings
• Service of process
• Limitation period
• Prejudice from delay

AMERICAN INTERNATIONAL ASSURANCE CO LTD v CHNG EONG CHIANG

Citation

AMERICAN INTERNATIONAL ASSURANCE CO LTD v CHNG EONG CHIANG

Court

Malaysian court

The High Court reversed the Sessions Court because the plaintiff failed to prove causation — medical evidence did not establish the fall as the cause of paralysis and the burden remained on the plaintiff — and, independently, the nine-month delay in submitting the claim (when the claimant's son was the insurer's agent) constituted a serious breach of the 90-day proof condition that prejudiced the insurer and relieved it of liability.

• Causation
• Burden of proof
• Notice and claims procedure
• Condition precedent
• Prejudice from delay