Malaysia Case Law: Decisions & Judgments

Topic

Sub judice

Legal area

Court

3 Feb 2026

MOHAMMAD IZZUDDIN BIN ZULKIFLY 1. ) SURUHANJAYA PASUKAN POLIS 2. ) KETUA POLIS NEGARA 3. ) KERAJAAN MALAYSIA

Citation

WA-25-390-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-390-12/2023 (Mahkamah Tinggi)

The High Court held the disciplinary process complied with the 1993 Regulations and constitutional provisions; an order of restriction permits initiation and determination of departmental disciplinary proceedings even while its legality is judicially challenged, R1 and R2 acted within their constitutional and delegated powers, relevant mitigating factors were considered and the dismissal was not Wednesbury-unreasonable; unpleaded grounds were barred and R1 was functus officio at the point of decision so could not rescind it.
5 Sept 2023

SHARIFFA SABRINA BINTI SYED AKIL

Citation

CB-42(Ors)-1-07/2022 (Mahkamah Tinggi)
Court

Ors
Case number

CB-42(Ors)-1-07/2022 (Mahkamah Tinggi)

The appeal was dismissed because the prosecution failed to satisfy the three‑part test for a pre‑emptive gag order; the Sessions Court correctly found no real and substantial risk of prejudice to the fairness of trial, adequate alternative remedies existed, and the statements did not pertain to specific witnesses or exhibits such as to warrant prior restraint; the High Court will not interfere with that exercise of discretion.
1 Sept 2021

PA-22NCVC-2-01/2020 (Mahkamah Tinggi)

Citation

PA-22NCVC-2-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-2-01/2020 (Mahkamah Tinggi)

The claim against the 3rd and 4th defendants disclosed no reasonable cause of action because they were not parties to the sub‑tenancy (no privity) and the plaintiff failed to plead specific particulars of fraud; issues as to validity of tenancy and probate are subject of ongoing Suit 236 and cannot be resolved in this summary process; therefore the claim against these defendants is obviously unsustainable and was struck out.
1 Sept 2021

CHENG KAR TONG 1. ) YVONNE GOH SEEN YEE 2. ) POH KOON CHYE 3. ) LIM PAU LIN 4. ) LIM HWONG JIT 5. ) LIM SIOW JIT 6. ) TAN SUI LIN NICHOLIN IMELDA 7. ) YEOH TAI CHUAN 8. ) T.C. YEOH & CO.

Citation

PA-22NCVC-2-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-2-01/2020 (Mahkamah Tinggi)

The claim against the 3rd and 4th defendants was struck out because there was no privity of contract or pleaded particulars establishing a cause of action against them, the plaintiff failed to plead fraud with required particularity, and the disputed proprietary and probate matters relevant to the validity of the tenancy are the proper subject of the ongoing Suit 236; accordingly the claim was obviously unsustainable as pleaded.
5 Aug 2021

ARUMUGAM A/L DORASAMY

Citation

PA-44-17-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-44-17-06/2021 (Mahkamah Tinggi)

Affirmed affidavit accepted under COVID Directions; the Respondent's public social media publications contained speculation, accusations and insinuations of conspiracy, cover-up and manipulation against police, prosecution and prosecution witnesses that posed a real and immediate risk of prejudicing the ongoing trial; no adequate alternative remedy existed and a proportionate, limited gag order was necessary to protect the administration of justice until final disposal of trial PA-45B-1-02/2018.
21 Jun 2021

CITY TEAM MEDIA SDN BHD SM PERIASAMY RAJESH MANIMARAN TAN SRI DATUK NADRAJA A/L RATNAM

Citation

W-02(NCVC)(W)-427-02/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

W-02(NCVC)(W)-427-02/2018 (Mahkamah Rayuan)

The Court affirmed the High Court that the publications were defamatory, the appellants failed to prove justification and were not entitled to qualified privilege because publications were unproven, one-sided and published with reckless disregard/ malice; accordingly liability was affirmed and general damages were substituted at reduced sums.

Malaysia Case Law

MOHAMMAD IZZUDDIN BIN ZULKIFLY 1. ) SURUHANJAYA PASUKAN POLIS 2. ) KETUA POLIS NEGARA 3. ) KERAJAAN MALAYSIA

SHARIFFA SABRINA BINTI SYED AKIL

PA-22NCVC-2-01/2020 (Mahkamah Tinggi)

CHENG KAR TONG 1. ) YVONNE GOH SEEN YEE 2. ) POH KOON CHYE 3. ) LIM PAU LIN 4. ) LIM HWONG JIT 5. ) LIM SIOW JIT 6. ) TAN SUI LIN NICHOLIN IMELDA 7. ) YEOH TAI CHUAN 8. ) T.C. YEOH & CO.

ARUMUGAM A/L DORASAMY

CITY TEAM MEDIA SDN BHD SM PERIASAMY RAJESH MANIMARAN TAN SRI DATUK NADRAJA A/L RATNAM