Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Waiver and acquiescence

Legal area

Court

2 Jul 2024

Sky Blue Media Sdn Bhd Goh Sin Teck

Citation

WA-22NCC-568-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-568-12/2021 (Mahkamah Tinggi)

Termination was unlawful because performance of the contractual obligation to install a 60'x60' billboard was legally impossible under DBKL rules, Goh knew of and acquiesced to a compliant 60'x40' alternative and accepted benefits (waiver), Goh misrepresented his licence status which vitiates his right to terminate, and SBM proved force majeure/impossibility under the contract; Goh failed to prove any DBKL approval for 60'x60' and his counterclaim arises from his own breach and is dismissed.
18 Oct 2022

KENWON KARTON SDN BHD 1. ) TAN CHAI LEONG 2. ) LOO BEN HUR

Citation

BA-16-13-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-13-02/2021 (Mahkamah Tinggi)

High Court held Labour Court had jurisdiction under section 69B; there was no evidence the respondents agreed to the deductions and signatures on payment vouchers did not amount to consent or waiver; cases on constructive dismissal were distinguishable; therefore the Labour Court did not err and its order for payment was upheld.