Malaysia Case Law: Decisions & Judgments

Topic

Return of goods

Legal area

Court

29 Jan 2026

CHEE KONG ENGINEERING & CONSTRUCTION SDN. BHD. SERBA DINAMIK SDN. BHD.

Citation

JA-12BNCC-3-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCC-3-09/2020 (Mahkamah Tinggi)

The appeal was dismissed because the Sessions Court correctly found no goods were returned; the quantity issue is res judicata; valuation on the basis of purchase orders and full value is appropriate where there is no return; and the appellant's factual re‑assessment does not show any legal error warranting intervention.
3 Aug 2022

LAI NAM FOO HEALTHCON SDN BHD

Citation

WA-12BNCC-23-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-23-12/2021 (Mahkamah Tinggi)

The Appeal was dismissed. The Notice of Appeal was served late and the appellant made no attempt to regularise the defect, exposing the appeal to being struck out; on the merits the Sessions Court findings were not plainly wrong: plaintiff proved it gave specific instructions and supplied sufficient materials, the defendant failed to deliver 20,000 gowns by the contractual due date causing plaintiff to engage a third party at higher cost, the defendant's anticipatory breach and 'work after paid' defences failed, and the plaintiff's claimed losses were established. The High Court therefore uph…
23 May 2022

DSCAFF ENGINEERING SDN BHD 1. ) CHEEMATRADE SDN BHD 2. ) SABAH SHELL PETROLEUM COMPANY LIMITED

Citation

WA-22NCvC-535-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-535-08/2021 (Mahkamah Tinggi)

The Court held there is a triable cause of action against the 2nd Defendant based on an asserted duty of care and sufficient particularisation in the Statement of Claim; therefore Order 18 Rule 19 is inapplicable and the strike out application fails; the contested reply paragraphs do not introduce a new cause of action but respond to matters raised in the defence.

Malaysia Case Law

CHEE KONG ENGINEERING & CONSTRUCTION SDN. BHD. SERBA DINAMIK SDN. BHD.

LAI NAM FOO HEALTHCON SDN BHD

DSCAFF ENGINEERING SDN BHD 1. ) CHEEMATRADE SDN BHD 2. ) SABAH SHELL PETROLEUM COMPANY LIMITED