Malaysia Case Law: Decisions & Judgments

Topic

Tort of deceit

Legal area

Court

19 Mar 2024

UNITED OVERSEAS BANK (MALAYSIA) BHD VIACOR ASIA SDN BHD PIHAK KETIGA DICADANGKAN Arokiasamy A/l Thangaraju

Citation

BA-22NCC-92-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-92-08/2021 (Mahkamah Tinggi)

The Notice of Assignment (11/8/2016) is not subject to the terms of the uFactor Agreement as Defendant is a stranger to that contract; Plaintiff acquired enforceable rights by written assignment and notice under Civil Law Act s4(3) and therefore has locus standi to sue; filing proofs of debt against the assignor/guarantor did not repurchase/extinguish the debt absent actual repayment; Clause 18.20 does not bar Plaintiff from alternative tort relief against Defendant; Defendant is estopped from disputing indebtedness by its conduct and payments, accordingly judgment entered for Plaintiff for R…
15 Feb 2023

SNR TYRE & SERVICES SDN. BHD. MOHAMAD HALIF BIN SADON

Citation

BA-22NCvC-63-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-63-02/2022 (Mahkamah Tinggi)

On the balance of probabilities Plaintiff failed to prove that Defendant unlawfully withdrew or misappropriated RM1,408,126.04 or otherwise committed deceit or mismanagement; Defendant's explanations and documentary evidence were credible for the disputed transfers, audit findings were not proven to be caused by Defendant alone (and audit findings regarding other companies were irrelevant), and Plaintiff therefore failed its evidential burden; accordingly Plaintiff's substantive claims and Defendant's counterclaim were dismissed, but the limited order to return Plaintiff's documents and asset…
7 Jan 2021

IN STRIKE SDN. BHD. (Company No.: 614738-P) FOONG SAU HAR, DATIN (NRIC. No.: 650803-14-5188) 2. YAP KOE SIN (NRIC. No.: 890614-14-5214) 3. KOO KEE TIANG (NRIC. No.: 350327-10-5147) 4. KOO SOOK CHENG (NRIC. No.:641024-10-6994) 5. PLUS DEGREE

Citation

BA-22C-3-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-3-01/2018 (Mahkamah Tinggi)

Plaintiff proved on balance of probabilities the contract, performance and the company debt and thus judgment against the 5th Defendant for RM1,622,819.12; however Plaintiff failed to prove personal liability of 1st-4th defendants under any pleaded ground because there was no evidence of dishonest intent, misrepresentation or personal enrichment, two directors appointed after completion could not have defrauded, partial payments by the company negate fraudulent trading inference, s71 and quantum meruit do not apply where an enforceable contract exists, and failure of the 3rd defendant to test…

Malaysia Case Law

UNITED OVERSEAS BANK (MALAYSIA) BHD VIACOR ASIA SDN BHD PIHAK KETIGA DICADANGKAN Arokiasamy A/l Thangaraju

SNR TYRE & SERVICES SDN. BHD. MOHAMAD HALIF BIN SADON

IN STRIKE SDN. BHD. (Company No.: 614738-P) FOONG SAU HAR, DATIN (NRIC. No.: 650803-14-5188) 2. YAP KOE SIN (NRIC. No.: 890614-14-5214) 3. KOO KEE TIANG (NRIC. No.: 350327-10-5147) 4. KOO SOOK CHENG (NRIC. No.:641024-10-6994) 5. PLUS DEGREE