Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Termination for non-performance

Legal area

Court

6 Jan 2026

SEMARAK NALURI SDN. BHD. 1. ) SPORTS TECH PRO SDN. BHD. 2. ) THANURAJ A/L IVAYU 3. ) SINAR BINA MAJU (M) SDN. BHD.

Citation

BA-22C-33-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-33-10/2022 (Mahkamah Tinggi)

Plaintiff's claims were dismissed because the Court found the non-completion and delays were attributable principally to the Plaintiff's failures (notably non-payment and conduct granting/promising EOT), the Plaintiff was estopped from imposing LAD for the period covered by EOT, suspension of works by the 1st Defendant was justified, the 1st Defendant later obtained FIFA certification, and the 3rd Defendant was entitled to its unpaid progress claims (counterclaim allowed in part).
13 Dec 2024

AL MULTAZAM TRAVEL & TOURS SDN BHD RHINOAIRIEL TRAVEL & TOURS SDN BHD

Citation

AA-A72-23-11/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A72-23-11/2022 (Mahkamah Majistret)

Plaintiff discharged the burden of proof by adducing contemporaneous documentary evidence and witness testimony showing the bus was returned and that the purchase could not be completed due to the director's death; Defendant failed to prove entitlement to forfeit the deposit or to substantiate its counterclaim for instalments, lost profits or repair costs. Therefore Plaintiff is entitled to recover RM62,000 (RM100,000 less RM38,000) plus interest as claimed; Defendant’s counterclaim is dismissed for lack of evidence.