Malaysia Case Law

29 Jul 2025

PUBLIC BANK BERHAD 1. ) SOON SIEW CHIN 2. ) HOW WENG HONG (SOON SIEW CHIN adalah tuan punya 1/2 hartanah dan kedua-duanya adalah Pentadbir Harta Pusaka bagi HOW PENG KOOI(Si Mati)

Citation

BA-24FC-783-08/2024 (Mahkamah Tinggi)

Court

High Court

Case number

BA-24FC-783-08/2024 (Mahkamah Tinggi)

Defendants failed to establish any cause to the contrary under s256 NLC; the registered charge is valid and indefeasible; service and Form 16D were proper; Plaintiff is entitled to an order for sale and costs.

• Foreclosure
• Order for sale
• National land code s256
• Indefeasibility
• Service of notice
• Cause to the contrary

7 Apr 2025

DATO' SERI YONG TU SANG 1. ) TOP 2 GLOBAL SDN BHD 2. ) WEE WOAN JIUAN

Citation

T-02(NCvC)(W)-1293-07/2022 (Mahkamah Rayuan)

Court

NCvC

Case number

T-02(NCvC)(W)-1293-07/2022 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's finding that the oral arrangement was a gratuitous gift and that YTS had no legal entitlement to claim RM862,500; however the court found the trial judge plainly wrong in rejecting documented payments of RM30,000 and failing to explain rejection of the remaining overpayment, allowed Top 2 Global’s counterclaim and entered judgment for RM145,432.00 with interest and costs.

• Joint venture agreement
• Oral agreement (alleged gift)
• Redemption sum
• Mistaken payment/overpayment
• Standard of appellate review (plainly wrong)
• Recovery of sale proceeds

27 Feb 2020

TAN SRI DATO DR LAU BAN TIN (NO. K/P : 561206-10-5001) 1. RHB BANK BERHAD (NO. SYARIKAT : 6171-M) 2. RHB ISLAMIC BANK BERHAD (NO. SYARIKAT : 680329-V)

Citation

BA-22NCVC-398-09/2019 (Mahkamah Tinggi)

Court

High Court

Case number

BA-22NCVC-398-09/2019 (Mahkamah Tinggi)

On the evidence and contemporaneous documents there was no concluded settlement agreement; the plaintiff only made proposals and did not provide the required executed SPA and 10% deposit, therefore the claim was plainly unsustainable and amounted to an abuse of court process intended to delay foreclosure and bankruptcy; the procedural omission in the Notice of Application was not fatal and did not occasion incurable prejudice, so defendant's strike out application succeeds.

• Strike out
• Abuse of process
• Settlement agreement
• Redemption sum
• Foreclosure
• Res judicata

POW KHOON SIM v BAGAN TOWN DEVELOPMENT SDN BHD

Citation

POW KHOON SIM v BAGAN TOWN DEVELOPMENT SDN BHD

Court

Malaysian court

On the evidence, including the recitals and terms of the 7 March 1992 agreement and the defendants' own witnesses, the court found the Second Defendant assumed both the rights and the liabilities of the First Defendant under the earlier sale and development agreements; purchasers' consent and binding 'successors and assigns' provisions supported enforceability against the Second Defendant.

• Building contract
• Specific performance
• Assignment of rights and liabilities
• Redemption sum
• Foreclosure/auction
• Counterclaim