Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Public policy and illegality

Legal area

Court

25 Oct 2024

VISTA SUMMEROSE SDN BHD DATUK BANDAR KUALA LUMPUR

Citation

WA-22NCvC-657-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-657-09/2021 (Mahkamah Tinggi)

The court held that delegation of duties to collect parking charges and perform enforcement, as set out in the contract, was permitted by the Road Transport Act 1987 and the Kuala Lumpur parking by-law; the Plaintiff acted as an authorised person assisting the Defendant and did not exercise independent statutory powers; the contract was not forbidden by law nor opposed to public policy and therefore is valid and enforceable, so the matter proceeds to assessment of losses for any proven breach.
12 Sept 2022

PEMPETISYEN Eldarius Yong Zhen Jie for the Petitioner [Messrs Chellam Wong] Sara Idylla binti Isbah for the Respondent [Messrs Ahmad Rizal, Sara Idylla & Co.]

Citation

WA-28NCC-229-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-229-03/2022 (Mahkamah Tinggi)

Petitioner has locus to bring a petition under s465(h) and (k) but on the facts the alleged Trust Deeds and Bumiputera arrangements do not bear sufficient nexus to the company's lawful business and Petronas had knowledge without adverse finding; the petition was also commenced with abusive motive to forestall pending suits; accordingly winding up is not justified and petition is dismissed with costs.