Malaysia Case Law: Decisions & Judgments

Topic

Running account doctrine

Legal area

Court

9 Oct 2025

CKY PACKAGING SERVICES FREIGHT MARK (M) SDN BHD

Citation

BA-12ANCvC-42-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-42-07/2025 (Mahkamah Tinggi)

The Sessions Court erred in striking out the claim because there are genuine triable disputes on whether the dealings constituted a running account, whether invoices were verified and accepted, and when limitation accrued; these factual disputes preclude summary dismissal under Order 18 r.19 and the claim must proceed to trial. The appeal is allowed and costs awarded.
21 Feb 2025

JMB MASKIARA RESIDENCES INTAN PERMATA PROPERTIES SDN BHD

Citation

WA-22NCvC-371-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-371-07/2020 (Mahkamah Tinggi)

The court held the Plaintiff's claim constituted a running account and thus was not time-barred by the Limitation Act 1953; the Plaintiff validly charged based on the 2012 share unit calculation because the Defendant failed to provide SiFUS and related certified documents; the Defendant remains liable for outstanding charges relating to sold units for arrears accruing prior to sale (19 units identified); and late payment interest at 10% per annum as applied by the Plaintiff's accounting system is allowed; costs awarded to Plaintiff RM20,000 (subject to allocatur).
10 Jul 2024

Budaya Delima Sdn Bhd Perbadanan Bekalan Air Pulau Pinang Sdn Bhd

Citation

PA-12BNCvC-21-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCvC-21-08/2023 (Mahkamah Tinggi)

The appellate court allowed the appeal because the plaintiff failed to prove, as pleaded, that the defendant had contracted to bear unlimited liability for water used by individual unit occupants; the Sessions Court failed to properly evaluate evidence and misapplied the law by attributing consumption to the defendant without proof, so the judgment against the defendant could not stand.

Malaysia Case Law

CKY PACKAGING SERVICES FREIGHT MARK (M) SDN BHD

JMB MASKIARA RESIDENCES INTAN PERMATA PROPERTIES SDN BHD

Budaya Delima Sdn Bhd Perbadanan Bekalan Air Pulau Pinang Sdn Bhd