Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Rescission/termination of contract

Legal area

Court

11 Dec 2024

YAYASAN ISLAM PULAU PINANG PEMBINAAN APM SDN BHD

Citation

WA-24C(ARB)-22-03/2024 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-22-03/2024 (Mahkamah Tinggi)

The High Court held that the learned Arbitrator had the power to rule on its own jurisdiction under section 18 of the Arbitration Act 2005 and AIAC Rule 20.1; the arbitration agreement in clause 66 is separable and remains binding despite termination of the Letter of Award, therefore the Partial Award upholding jurisdiction stood and the originating summons to set it aside was dismissed with costs.
25 May 2022

AHAIDAN BIN KAMARON 1. ) MEILINA RATNAWATY BINTI RUDY ARMENTO 2. ) USSAMAH SHARIN BIN OMAR PIHAK KETIGA LIEW NAM SOON

Citation

JA-A72NCvC-461-07/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCvC-461-07/2020 (Mahkamah Majistret)

Defendants established a sufficient connection between PK1 and the original action to maintain third-party proceedings; there was no credible documentary evidence that time (five months) was an essential term and PK1 gave no contemporaneous notice or steps evidencing time was of the essence, therefore PK1's termination was unlawful and must return the RM20,000 deposit; the claimed RM21,370 for repairs was not proven with required documentary evidence and is dismissed.