Malaysia Case Law: Decisions & Judgments

Topic

Without prejudice negotiations

Legal area

Court

23 May 2024

NGAN TIAM MING NGAN THEAM SHING

Citation

WA-12BNCvC-61-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-61-04/2023 (Mahkamah Tinggi)

Appeals dismissed because the trial judge correctly applied limitation law to bar pre-24 December 2014 account claims, found no evidence of proprietary rights to the Gombak Stalls or reliable documentary proof for Shophouse rentals given the family arrangements, properly excluded 'without prejudice' negotiation evidence and found the tax payment and jewellery claims unproven; the trial judge's factual findings were supported by reasons and not plainly wrong.
15 Mar 2023

PIMINIK CAPITAL SDN BHD AKAY HOLDINGS SDN BHD

Citation

WA-22NCC-234-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-234-05/2022 (Mahkamah Tinggi)

The court held the ad interim stay suspended the operation and the liquidators' powers so that leave from the winding up court under s.471(1) CA 2016 was not required at the time the writ was filed; Clause 9A merely provided for placement of acquisition proceeds as security and was not a condition precedent to the defendant's independent obligation to refund RM4,500,000; because the defendant raised no bona fide triable issue the plaintiff was entitled to summary judgment for RM4,500,000 and the defendant's strike out application was dismissed.
16 Feb 2023

PEMPETISYEN SYARIKAT PERUMAHAN NEGARA BERHAD KHAZANAH JAYA SDN. BHD

Citation

WA-28NCC-651-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-651-09/2021 (Mahkamah Tinggi)

The court held the relevant correspondence was admissible because it was not marked 'without prejudice' and the content constituted clear admissions; the respondent's denials were mere bare averments lacking particularized evidence to rebut the petition; non-payment of the statutory demand triggered a presumption of inability to pay which the respondent failed to rebut; accordingly the winding up petition succeeded and an order was granted.
11 Sept 2020

JY CREATIVE SDN. BHD. (Co. No.: 918765-P) UPICON TST SDN. BHD. (Co. No.: 1129050-W)

Citation

BA-22NCVC-59-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-59-02/2019 (Mahkamah Tinggi)

Plaintiff satisfied the procedural prerequisites for summary judgment; defendant's contemporaneous conduct (approval of final account, part payment, architect's written confirmation, CPC and failure to deny demands) amounted to admissions and estoppel and demonstrated no triable issue; the 2.1.2019 letter was admissible (not shown to be without prejudice); the counterclaim was an unsupported afterthought, frivolous and an abuse of process and therefore struck out; summary judgment was granted and execution was not stayed.

Malaysia Case Law

NGAN TIAM MING NGAN THEAM SHING

PIMINIK CAPITAL SDN BHD AKAY HOLDINGS SDN BHD

PEMPETISYEN SYARIKAT PERUMAHAN NEGARA BERHAD KHAZANAH JAYA SDN. BHD

JY CREATIVE SDN. BHD. (Co. No.: 918765-P) UPICON TST SDN. BHD. (Co. No.: 1129050-W)