Malaysia Case Law: Decisions & Judgments

Topic

Principal-agent liability

Legal area

Court

29 Apr 2024

NURUL HANIM BINTI ABU BAKAR [TIMBALAN ]

Citation

KA-42(R)(A)-5-03/2022 (Mahkamah Tinggi)
Court

R
Case number

KA-42(R)(A)-5-03/2022 (Mahkamah Tinggi)

The High Court held the prosecution adduced a prima facie case: appellant 1 gave the false documents (inferred from postal evidence and sender details) and appellant 2 as JPJ agent used them to register vehicles; the offences of giving and using false documents are distinct and complete in themselves; appellant 1's and 2's defences were rejected as afterthoughts not raising reasonable doubt; therefore the appeal was dismissed and the Sessions Court convictions and sentences were affirmed.
26 Oct 2022

1. ) MUKESH KUMAR A/L M S KAPOOR 2. ) RITA KUMARI A/P BRAHAM SHARAN KALIA 3. ) KOAY TENG KEONG 4. ) TAN KOK NEE 5. ) OOI CHEE KHEONG 6. ) OOI CHENG HUAT 7. ) KHOO POH GIOK 1. ) TERANG MURNI SDN BHD 2. ) TAN & TAN DEVELOPMENTS BERHAD

Citation

WA-22NCvC-225-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-225-04/2018 (Mahkamah Tinggi)

On the balance of probabilities the court found Tan & Tan acted as agent of Terang Murni; Tan & Tan’s sales representatives made false and/or negligent representations about the nature of the penthouse units that materially induced plaintiffs to enter S&P agreements; the delivered units were not bona fide penthouses but mirror-image combinations of two standard units (dual-sub units); plaintiffs are entitled to rescind the S&P agreements or, alternatively, have damages assessed under Order 37, and are awarded collective costs.

Malaysia Case Law

NURUL HANIM BINTI ABU BAKAR [TIMBALAN ]

1. ) MUKESH KUMAR A/L M S KAPOOR 2. ) RITA KUMARI A/P BRAHAM SHARAN KALIA 3. ) KOAY TENG KEONG 4. ) TAN KOK NEE 5. ) OOI CHEE KHEONG 6. ) OOI CHENG HUAT 7. ) KHOO POH GIOK 1. ) TERANG MURNI SDN BHD 2. ) TAN & TAN DEVELOPMENTS BERHAD