Malaysia Case Law: Decisions & Judgments

Topic

Restitution/unjust enrichment

Legal area

Court

7 May 2024

KENG CHEONG TRADING CO. SDN. BHD. [Company No.: 197701000147] 1. ) YEOH SIN KHENG [Identity Card No.: 590724085592] 2. ) TOH ENG SENG [Identity Card No.: 591118025535]

Citation

PA-22NCVC-99-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-99-05/2021 (Mahkamah Tinggi)

On balance of probabilities plaintiff failed to prove fraud or fraudulent trading and failed to satisfy statutory prerequisites under s.540 CA 2016; the action against directors was premature because plaintiff did not properly proceed against the company first and did not obtain requisite findings against the company; the defendants' counterclaim for repayment failed because payments were made on behalf of the company and the counterclaim was an afterthought; accordingly plaintiff's claim and defendants' counterclaim are both dismissed.
25 May 2023

1. ) PERAYANAN CHANDRASEGARAN 2. ) P SARTHA 1. ) Raman A/l Othayanan 2. ) Pathmavathi A/p Sekaran

Citation

JA-22NCvC-250-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-250-12/2018 (Mahkamah Tinggi)

Plaintiffs failed to prove, on the balance of probabilities, that the alleged cash loans were delivered to defendants; key witnesses and pawnshop evidence were not produced and an adverse inference was drawn; contemporaneous documents were ambiguous and not self-explanatory; the documents evidenced interest and thus the transactions amounted to unlicensed moneylending under the Moneylenders Act 1951 making the loan documents void and public policy barred restitution, therefore the claim was dismissed with costs.
8 Feb 2022

RAVINDER SINGH A/L SHANGARA SINGH 1. ) THEVAN REALTY SDN BHD 2. ) THEVANDRAN A/L K. RAGAVAN

Citation

WA-A52NCvC-429-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-429-06/2021 (Mahkamah Sesyen)

The pleadings raised disputed factual issues regarding alleged representations and agency that ordinarily require a full trial; however the affidavit relied upon by the plaintiff (Annex 52) was improperly sworn by the plaintiff's solicitor, contained contentious matters not within the solicitor's personal knowledge and failed to state sources where based on information and belief in breach of Order 41 r.5 KKM 2012; consequently Annex 52 should be excluded and, absent it, Defendant First's strike out application (Annex 44) must be allowed with costs.
16 Aug 2021

BAHTERA SRI KANDI MARINE SDN BHD (NO. SYARIKAT : 870175-K) 1. ) NURULHUDA NADIA BINTI ZULKIFLI (NO. K/P : 880925-56-5088) 2. ) ZULKIFLI BIN MOHD GHADZALI (NO. K/P : 560921-08-5623) 3. ) KHAIRUL AMIR BIN HAMDAN (NO. K/P : 840727-10-6087) 4.

Citation

WA-22NCVC-179-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-179-04/2018 (Mahkamah Tinggi)

On the balance of probabilities the court found Defendant 1 deliberately manipulated payroll files to divert company funds and that Defendants 2,4,5 and 6 knowingly received and benefited from those funds; consequently the plaintiff established causation and entitlement to restitution/damages totalling RM1,642,715 and ancillary relief (interest and costs); third‑party claims against Defendant 1 by D4, D5, D6 were dismissed.
22 Jul 2021

Vinod Nurlhaq bin Nair Ong Woei Luen Kenneth Teh Wei Jian Chan Yin Leng Chin Kew Hing Loo Mei Oi Chuah Chee Lian Tay Chun Moh Yap Lee Shiuan

Citation

BA-12A-40-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12A-40-04/2021 (Mahkamah Tinggi)

No triable issue existed: the investment agreements were signed by the defendants and admissible despite being unstamped; even if the schemes were unlawful for lack of Securities Commission licence the contractual promise to return investment principals is enforceable under ss 58/59/66 of the Contracts Act 1950; alternatively the defendants disabled performance and plaintiffs were entitled to compensation for termination/frustration; involvement of a third party did not absolve defendants of contractual liability; accordingly summary judgment was properly entered for plaintiffs and appeal dis…
20 Sept 2020

1. TUAN MAT BIN TUAN SOH 2. PENTADBIR TANAH JAJAHAN KOTA BHARU 3. KERAJAAN NEGERI KELANTAN 1. ZAITON BINTI ISMAIL (Sebagai wakil Diri Kepada Che Fatimah binti Mat Yusoff) 2. MOHAMAD BIN ARIFIN 3. NIK SALMAN BIN NIK DIN 4. HASNIRA BINTI MOHA

Citation

DA-12B-47-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-47-10/2018 (Mahkamah Tinggi)

The High Court found the witnessing recorded on Form 14A (Eksh P2) could not have occurred on the stated date after the deceased's death and that Eksh P2 was defective (missing consideration and incorrect ID). The land officer's failure to witness and date the instrument contemporaneously amounted to negligence in breach of statutory duty; that negligence caused the registration of an invalid instrument and loss to the plaintiff. Defendants second and third were vicariously liable because the officer acted in the course of his statutory duties. The Sessions Court's finding of liability and th…

Malaysia Case Law

KENG CHEONG TRADING CO. SDN. BHD. [Company No.: 197701000147] 1. ) YEOH SIN KHENG [Identity Card No.: 590724085592] 2. ) TOH ENG SENG [Identity Card No.: 591118025535]

1. ) PERAYANAN CHANDRASEGARAN 2. ) P SARTHA 1. ) Raman A/l Othayanan 2. ) Pathmavathi A/p Sekaran

RAVINDER SINGH A/L SHANGARA SINGH 1. ) THEVAN REALTY SDN BHD 2. ) THEVANDRAN A/L K. RAGAVAN

BAHTERA SRI KANDI MARINE SDN BHD (NO. SYARIKAT : 870175-K) 1. ) NURULHUDA NADIA BINTI ZULKIFLI (NO. K/P : 880925-56-5088) 2. ) ZULKIFLI BIN MOHD GHADZALI (NO. K/P : 560921-08-5623) 3. ) KHAIRUL AMIR BIN HAMDAN (NO. K/P : 840727-10-6087) 4.

Vinod Nurlhaq bin Nair Ong Woei Luen Kenneth Teh Wei Jian Chan Yin Leng Chin Kew Hing Loo Mei Oi Chuah Chee Lian Tay Chun Moh Yap Lee Shiuan

1. TUAN MAT BIN TUAN SOH 2. PENTADBIR TANAH JAJAHAN KOTA BHARU 3. KERAJAAN NEGERI KELANTAN 1. ZAITON BINTI ISMAIL (Sebagai wakil Diri Kepada Che Fatimah binti Mat Yusoff) 2. MOHAMAD BIN ARIFIN 3. NIK SALMAN BIN NIK DIN 4. HASNIRA BINTI MOHA