Malaysia Case Law: Decisions & Judgments

Topic

Premature claim

Legal area

Court

30 Mar 2026

FATEH CONSTRUCTION & SERVICES SDN BHD 1. ) MAHARANI SPECIALIST HOSPITAL SDN BHD 2. ) KPJ HEALTHCARE BERHAD

Citation

WA-A52NCvC-791-09/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-791-09/2025 (Mahkamah Sesyen)

The writ and statement of claim were dismissed because the plaintiff's claim remained premature pending issuance of the CMGD as required by contract and prior final judgment, the relitigation constituted an abuse of process barred by res judicata, and the plaintiff had outstanding costs from earlier proceedings; accordingly the pleadings did not disclose a reasonable cause of action.
16 Aug 2022

MEASAT BROADCAST NETWORK SYSTEMS SDN BHD ABDUL LATIFF BIN HAJI MOHAIDEEN

Citation

WA-12ANCC-147-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-147-11/2021 (Mahkamah Tinggi)

The Sessions Court's grant of a stay was set aside: the appellant demonstrated the threshold for staying proceedings against a non-party was not met, the Guarantee contained no arbitration agreement so the dispute could not be referred to arbitration as against the guarantor, the Sessions Court erred by prejudging the merits and treating the guarantor's liability as necessarily secondary, and the prospect of indefinite delay and prejudice outweighed any justification for a stay.
25 Nov 2021

PERRIN DILEEN RODRIGUES PERRY DANNY RODRIGUES

Citation

BK-A52NCC-2-03/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-A52NCC-2-03/2021 (Mahkamah Sesyen)

The Statement of Claim was struck out because it failed to plead essential material particulars (specific date of oral agreement, a certain ascertainable amount and consensus ad idem), contained inconsistent and self-contradictory averments between pleadings, relied on WhatsApp exchanges that did not establish contractual terms, included afterthought arguments unsupported by affidavit, and the plaintiff's own messages indicated repayment due December 2023 making the action premature; the uncertainty rendered the alleged contract void under s.30 Contracts Act 1950 and the claim obviously unsus…

Malaysia Case Law

FATEH CONSTRUCTION & SERVICES SDN BHD 1. ) MAHARANI SPECIALIST HOSPITAL SDN BHD 2. ) KPJ HEALTHCARE BERHAD

MEASAT BROADCAST NETWORK SYSTEMS SDN BHD ABDUL LATIFF BIN HAJI MOHAIDEEN

PERRIN DILEEN RODRIGUES PERRY DANNY RODRIGUES