Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Security deposit refund

Legal area

Court

19 Jan 2021

INDUSBUILT SDN. BHD. [No. Syarikat: 197801006618 (43614-X)] SOUTHERN STEEL MESH SDN. BHD. [No. Syarikat: 198001012163 (65949-T)]

Citation

WA-22NCvC-191-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-191-03/2020 (Mahkamah Tinggi)

The court found no binding renewals because the renewal clause required a written request by the tenant and mutual agreement which was not established; the plaintiff's unsigned unilateral letters and late invoicing were insufficient; plaintiff accepted and received RM22,500 monthly for years thereby acquiescing and effectively creating a month-to-month tenancy and estopping itself from claiming higher rent; accordingly the writ disclosed no reasonable cause and was struck out under Order 18 r.19. Separately, the deposit of RM33,000 was objectively paid and acknowledged and must be returned; p…
13 Mar 2020

GOLD KOGYO MALAYSIA SDN BHD TUNGGAK NADI SDN BHD

Citation

BA-A52NCvC-132-03/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A52NCvC-132-03/2019 (Mahkamah Sesyen)

Defendant failed to prove that the wiring and electrical installations were landlord's property or that it suffered loss attributable to plaintiff; the lease contained no inventory transferring fixtures to landlord and expressly provided refund of deposit; plaintiff had paid for installations and was entitled to remove them; accordingly defendant must refund RM135,450.00 plus interest and costs.