1. ) YEONG MUN FUNG 2. ) TOO WAI HOONG 3. ) LEONG CHUNG CHEN 4. ) ON YONG WEE 5. ) YONG SAI KENG v HOO VOON HIM

wa-22ncc-844-12-2024 High Court (Mahkamah Tinggi) 27 October 2025 • WA-22NCC-844-12/2024 • 12 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Arbitration — Stay of proceedings — Application for stay under section 10(1) of the Arbitration Act 2005 — Mandatory nature of stay where valid arbitration agreement exists — Principles of "steps in proceedings". Arbitration Agreement — Interpretation of dispute resolution clause — Clause covering disputes in connection with existence, validity, or termination of agreement. Waiver and Election — Fact-sensitive assessment of conduct — Whether pre-action notice of termination constitutes waiver of arbitration rights — Effect of reservation of rights. Civil Procedure — Stay Pending Arbitration — Rules of Court 2012, Order 69 Rule 10 — Meaning of "taking steps in the proceedings". Delay — Assessment of delay in filing stay application — Computation of time from entry of appearance. Contract Law — Share Sale Agreement (SSA) — Breach of contractual obligations — Construction of Terms — Distinction between default/remedy clauses and dispute resolution clauses — Interpretation of phrase "at law or in equity".

Practice Areas

Arbitration Civil Procedure

Judges (2)

Muhammad Adam @ Edward bin Abdullah Delivered Muhammad Adam bin Abdullah Delivered

Counsel (4)

Chern & Co Firm Fahri, Azzat & Co. Firm Carlreen Ang Counsel Defendant Jonathan Khaw Counsel Plaintiff

Parties (6)

Hoo Voon Him Defendant Leong Chung Chen Plaintiff On Yong Wee Plaintiff Too Wai Hoong Plaintiff Yeong Mun Fung Plaintiff Yong Sai Keng Plaintiff

Case Significance

1. ) YEONG MUN FUNG 2. ) TOO WAI HOONG 3. ) LEONG CHUNG CHEN 4. ) ON YONG WEE... is a High Court (Mahkamah Tinggi) decision dated October 27, 2025 (citation: wa-22ncc-844-12-2024). The case was decided by Muhammad Adam @ Edward bin Abdullah.

Key issues: Arbitration Agreement — Interpretation of dispute resolution clause — Clause covering disputes in connection with existence, validity, or termination of agreement..

What was the outcome of 1. ) YEONG MUN FUNG 2. ) TOO WAI HOONG 3. ) LEONG CHUNG CHEN 4. ) ON YONG WEE...?

1. ) YEONG MUN FUNG 2. ) TOO WAI HOONG 3. ) LEONG CHUNG CHEN 4. ) ON YONG WEE... is a High Court decision dated October 27, 2025. The case was heard by Muhammad Adam @ Edward bin Abdullah. See the full judgment for details.

Statutes Cited

Arbitration Act 2005 (Cap 646)

Rules of Court 2012

Cases Cited (5)

UK (2)

[1970] 2 All ER 871 [1971] AC 850

MY (3)

[2002] 2 MLJ 625 [2015] MLJU 980 [2024] 2 MLJ 471

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-844-12-2024)