DS ELECTRICAL & APPLIANCES SERVICES SDN BHD v ONKING CHAIN-STORE (MALAYSIA) SDN. BHD. PIHAK TERKILAN LOH WAI SENG

ba-22ncvc-293-07-2024 High Court (Mahkamah Tinggi) 14 April 2025 • BA-22NCvC-293-07/2024 • 18 min read
12 cases cited (0 SG, 12 foreign)

Catchwords

O14A/O33 – O18 – heard together – tenancy agreement – option to renew - main issue in the tenancy dispute is whether the tenancy agreement between the Defendant and the Third Party was validly renewed for another three years after its expiration - The key question for determination by this Court is whether or not there is a concluded renewed tenancy for the property - answered the question of law posed in the negative and therefore judgment was entered against the Defendant as prayed for and damages to be assessed - I also find that the Defendant’s Third Party Notice does not disclose reasonable cause of action against the Third Party and therefore was struck out with costs.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (6)

Lim Khey Hoong & Partners Firm Ng Teo Phin Chambers Firm Tee Tai Tzian & Sim Firm Hasniza Teh Hassan Counsel Third Party Ong Chee Keng Counsel Defendant Teo Kui Cheng Counsel Plaintiff

Parties (3)

DS ELECTRICAL & APPLIANCES SERVICES Sdn Bhd Plaintiff ONKING CHAIN-STORE Sdn Bhd Defendant Loh Wai Seng Aggrieved Party

Case Significance

DS ELECTRICAL & APPLIANCES SERVICES SDN BHD v ONKING CHAIN-STORE (MALAYSIA) S... is a High Court (Mahkamah Tinggi) decision dated April 14, 2025 (citation: ba-22ncvc-293-07-2024). The case was decided by Noor Hayati binti Haji Mat.

What was the outcome of DS ELECTRICAL & APPLIANCES SERVICES SDN BHD v ONKING CHAIN-STORE (MALAYSIA) S...?

DS ELECTRICAL & APPLIANCES SERVICES SDN BHD v ONKING CHAIN-STORE (MALAYSIA) S... is a High Court decision dated April 14, 2025. The case was heard by Noor Hayati binti Haji Mat. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (12)

MY (12)
[1982] 1 MLJ 186 [1994] 1 CLJ 207 [2003] 4 CLJ 337 [2003] 4 CLJ 377 [2003] 5 AMR 696 [2003] 6 AMR 74 [2004] 1 MLJ 8 [2011] 6 MLJ 297 [2011] 8 CLJ 766 [2018] 11 MLJ 585 [2018] 7 CLJ 371 [2024] 2 CLJ 753

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-293-07-2024)