BAANU A/P MOHAN v AIA BERHAD

wa-22ncc-700-10-2024 High Court (Mahkamah Tinggi) 15 June 2025 • WA-22NCC-700-10/2024 • 6 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Contract — Restraint of trade — Clause in agency contract restricting agent’s spouse from being employed by a competitor — Automatic termination of agency agreement if spouse joins another insurance company — Whether such clause valid under section 28 Contracts Act 1950 — Restriction imposed on third party (spouse) — Clause declared void — Contracts Act 1950, s. 28 Civil Procedure — Preliminary issue — Validity of contractual clause raised before trial — Court directed determination under O 33 r 2 Rules of Court 2012 — Preliminary finding limited to clause only — No finding on liability or fiduciary breach — Other issues to proceed to trial — Rules of Court 2012, O 33 r 2

Practice Areas

Contract Civil Procedure

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Counsel (4)

Skrine Firm Zul Vijay Chander & Assoc. Firm Dhanyaa Shreeya Counsel Defendant Vijay Rajendran Counsel Plaintiff

Parties (2)

AIA BERHAD Defendant Baanu a/p Mohan Plaintiff

Case Significance

BAANU A/P MOHAN v AIA BERHAD is a High Court (Mahkamah Tinggi) decision dated June 15, 2025 (citation: wa-22ncc-700-10-2024). The case was decided by Mohd Arief Emran bin Arifin.

What was the outcome of BAANU A/P MOHAN v AIA BERHAD?

BAANU A/P MOHAN v AIA BERHAD is a High Court decision dated June 15, 2025. The case was heard by Mohd Arief Emran bin Arifin. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)

s 24 s 28

Cases Cited (1)

MY (1)

[1994] 3 MLJ 127

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-700-10-2024)