Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Recovery of mistaken payments

Legal area

Court

31 Oct 2022

RHB Bank Berhad Richland Leisure Group Sdn. Bhd. PENCELAH FUJIKURA (MALAYSIA) SDN BHD

Citation

WA-22NCC-607-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-607-12/2020 (Mahkamah Tinggi)

Although RHB proved the payments were made by mistake based on forged documents, Richland successfully established the defence of change of position in good faith by allocating non‑negotiable gaming chips to Ng and accounting to Genting, so restitution for RM1,031,000 was not required.
25 Jun 2019

FOONG YOK KOK PRUDENTIAL ASSURANCE MALAYSIA BERHAD

Citation

Q-02(NCvC)(W)-210-02/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-02(NCvC)(W)-210-02/2018 (Mahkamah Rayuan)

The appeal was dismissed as incompetent because the adjudged value of the subject-matter (RM234,940.28 — the mistaken overriding payments) was below the statutory RM250,000 threshold in s68(1)(a) CJA 1964 and no leave to appeal had been obtained; consequential damages or unquantified declaratory relief cannot be added to transform the subject-matter value for leave purposes. The court therefore refused to consider merits of the dispute.