TRUTZ BERNHARD WINTER v ONG KIM BENG
wa-12bncvc-133-11-2024 High Court (Mahkamah Tinggi) 23 November 2025 • WA-12BNCvC-133-11/2024 • 18 min read
10 cases cited
(0 SG, 10 foreign)
Catchwords
Appeal by the Appellant against the decision of the learned Sessions Court Judge based on an alternative claim founded on unjust enrichment, and dismissed the Appellant’s counterclaim. These issues analysed within the framework of the legal principles governing – (a) unjust enrichment; (b) joint liability under the C ontract Act 1950; (c) the requirement for proper pleadings, and (d) the appellate standard of review. Sessions Court’s findings reflect misdirection on questions of law, specifically the misapplication of unjust enrichment and section 44, and insufficient judicial appreciation of the evidence concerning the parties’ longstanding commercial arrangement. The findings were therefore plainly wrong.
Judges (1)
Counsel (6)
Case Significance
TRUTZ BERNHARD WINTER v ONG KIM BENG is a High Court (Mahkamah Tinggi) decision dated November 23, 2025 (citation: wa-12bncvc-133-11-2024). The case was decided by Mahazan binti Mat Taib.
Key issues: Appeal by the Appellant against the decision of the learned Sessions Court Judge based on an alternative claim founded on unjust enrichment, and dismissed the Appellant’s counterclaim..
What was the outcome of TRUTZ BERNHARD WINTER v ONG KIM BENG?
TRUTZ BERNHARD WINTER v ONG KIM BENG is a High Court decision dated November 23, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.
Statutes Cited
Contracts Act 1950
s 44(2)
Cases Cited (10)
UK (1)
[1951] Ch 661
MY (9)
[1995] 3 MLJ 331 [1995] 3 MLJ 395 [1996] 2 MLJ 389 [1996] 3 CLJ 163 [1999] 3 MLJ 513 [2005] 2 MLJ 1 [2015] 2 MLJ 441 [2021] MLJU 1207 [2022] 2 MLJ 195
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12bncvc-133-11-2024)