USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF

ba-22ncvc-239-06-2023 High Court (Mahkamah Tinggi) 27 August 2025 • BA-22NCvC-239-06/2023 • 4 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Judgment after trial – Claim for payment under an Indemnity Agreement – Counterclaim – Allegation of coercion, undue influence and misrepresentation – Allegation of criminal intimidation – Nature of the threat adduced in evidence was insufficient to establish criminal intimidation – No element of coercion established – Section 15 of the Contracts Act 1950 – Section 503 of the Penal Code (Act 574) Whether the Defendant was induced by any misrepresentation – Burden of proof – claim not substantiated on balance of probabilities – Consistency between the evidence and witness testimony – Section 18 of the Contracts Act 1950 Whether the Defendant executed the Indemnity Agreement under any undue influence – Burden of proof – No evidence of power to dominate the Defendant's free will – Section 16 of the Contracts Act 1950 Whether there was any subsequent agreement that waived the Plaintiff’s rights under the Indemnity Agreement – No waiver or variation to compromise the Plaintiff’s rights under the agreement – Defendant bounds by the terms of agreement

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (6)

Ling & Yi Leong Firm Varon Joyce Firm Gopal Sreenevasan Counsel Defendant Jocelyn Goh Counsel Defendant Lau Yi Leong Counsel Plaintiff Sukhraj Singh Counsel Plaintiff

Parties (2)

USAHA BAHAGIA TIMBER Sdn Bhd Plaintiff Tuan Khairul Annuar bin Tuan Yusuf Defendant

Case Significance

USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF is a High Court (Mahkamah Tinggi) decision dated August 27, 2025 (citation: ba-22ncvc-239-06-2023). The case was decided by Elaine Yap Chin Gaik.

Key issues: Whether the Defendant executed the Indemnity Agreement under any undue influence – Burden of proof – No evidence of power to dominate the Defendant's free will – Section 16 of the Contracts Act 1950.

What was the outcome of USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF?

USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF is a High Court decision dated August 27, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Cases Cited (1)

MY (1)

[2019] MLJU 471

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-239-06-2023)