Malaysia Case Law: Decisions & Judgments

Topic

Recusal and apparent bias

Legal area

Court

28 Jan 2026

PEMPETISYEN Norliah Binti A P Kunhibava 1. ) Mohd Noor Amin Bin Mohd Noor Khan 2. ) SHARIZA BINTI KAMARUZZAMAN 3. ) NUR JASNI BIN MOHAMED 4. ) NUEMERA (M) SDN BHD

Citation

WA-28NCC-114-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-114-01/2025 (Mahkamah Tinggi)

The recusal application failed because an objective fair-minded informed observer would not conclude there was a real possibility of bias: the sequencing decisions were bona fide case management choices grounded in precedent, any shifts showed an open mind responsive to argument, the recusal bid was a collateral abuse aimed at delaying urgent interlocutory relief (Encl 9), and the Malaysian Bar's participation as amicus was within its remit; accordingly the recusal was dismissed and treated as an abuse with indemnity costs against the 1st–3rd respondents.
1 Jun 2020

E.A.TECHNIQUE (M) SDN BHD MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD

Citation

wa-24c-96-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

wa-24c-96-06/2019 (Mahkamah Tinggi)

The court held the FSO/Vessel constituted construction work within s.4 CIPAA because it is functionally integrated to the CPP affixed to the seabed and therefore adjudicable; the AWOs were incorporated into the written Contract via the MBU Standards and Procedures in the Appendices which prevail over conflicting provisions, so the adjudicator had jurisdiction to decide the claims; the adjudicator addressed and rejected EAT's defences and there was insufficient evidence to establish fraud or denial of natural justice; recusal was unwarranted. Accordingly the setting aside application failed an…

Malaysia Case Law

PEMPETISYEN Norliah Binti A P Kunhibava 1. ) Mohd Noor Amin Bin Mohd Noor Khan 2. ) SHARIZA BINTI KAMARUZZAMAN 3. ) NUR JASNI BIN MOHAMED 4. ) NUEMERA (M) SDN BHD

E.A.TECHNIQUE (M) SDN BHD MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD