Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Restitution / unjust enrichment

Legal area

Court

13 Dec 2023

Maximerge Capital Sdn Bhd Goh Chee Siang

Citation

BA-22NCC-113-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-113-07/2020 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff proved defendant breached the Sale of Shares Agreement and the Shareholders Agreement by failing to transfer the Additional Ordinary Shares after plaintiff paid RM2,500,000; documents placed in Part A were binding on both parties as to authenticity and content so defendant's late challenge to dates was not meritorious; WhatsApp printouts admitted but given nominal probative value; clause 6.4 was inapplicable because defendant prevented the contractual mechanism from operating; restitution of RM2,500,000 is appropriate for unjust enrichment and the…
22 Oct 2021

POSCO DAEWOO MALAYSIA SDN BHD TENAGA WAN BERSAUDARA SDN BHD

Citation

W-02(NCvC)(W)-2586-12/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-2586-12/2018 (Mahkamah Rayuan)

The Court held that on the facts Chua acted as the Respondent's agent and the Respondent authorized and/or ratified his acts (and is estopped from denying authority); the Turquand rule and apparent authority protected the Appellant as an outsider; the transactions were trade credit financings, not the business of unlicensed moneylending under the Moneylenders Act 1951; accordingly the High Court's dismissal was set aside and judgment entered for the Appellant with costs.