Civil
10 cases · December 2021 to May 2026
Case Volume by Year
1 21
1 23
4 24
3 25
1 26
2021–2026
Key Issues & Sub-Topics
APPLICATION FOR LEAVE TO COMMENCE JUDICIAL REVIEW — ORDER 53 RULE 3 RULES OF COURT 2012 — WHETHER PRIMA FACIE THERE IS A GENUINE CASE FOR REVIEW — WHETHER THE SUBJECT MATTER IS ACADEMIC — WHETHER THE APPLICATION IS FRIVOLOUS AND VEXATIOUS 1 Appeal against the decision of the Session Court Judge for dismissing the application to set aside the judgment dated 29.08.2023 — Order 35 rule 2 of Rules of Court 2012 — Court discretion to set aside judgment entered after trial in the absence of a party — Whether the Appellant had shown sufficient cause to justify setting aside the judgment obtained after full trial — Whether the Appellant had demonstrated a meritorious defence — Appellant displayed lackadaisical attitude in failing to appoint new solicitors for trial despite previous solicitors discharged themselves one year before trial date 1 Notice of Application for a committal proceeding against the Respondents for failure to adhere to the terms of the Consent Judgement– whether the Respondents breach the terms of the Consent Judgement– whether there is an unreasonable and an inordinate delay in executing the Consent Judgement — whether the Consent Judgement is enforceable without the penal notice 1 Appeal against the decision of the Session Court Judge for dismissing the counter claim of the Appellant– whether the Session Court Judge erred in law by dismissing the counter claim due to the non-appearance of the Appellant’s solicitors– whether the refusal to grant an adjournment amounted to a breach of natural justice — whether appellate intervention is warranted — solicitors only filed discharge application three days before trial date 1 Judicial Review– whether the Appellant can appeal against this Court’s decision to grant leave for judicial review application where the Appellant has not been made a party to the proceedings at the leave stage — what are the threshold requirements at the leave stage for judicial review application — whether the Court can grant the stay of the decisions of Second and Third Respondents pending the disposal of the judicial review application 1 Originating Summons — Order for Sale — whether the Plaintiff is allowed to accept the loan payment after the Defendant has adjudged bankrupt — whether the conduct of the Plaintiff of accepting the housing instalment payment from the Defendant after issuing the Notice Recall the Loan and Termination and also Notice 16D under National Land Code 1965 is amounting to cause to the contrary under subsection 256(3) of National Land Code 1965. 1 Notice of Application for a committal order against the First, Second and Fourth Defendants — whether an omission by the First Plaintiff to indorse a penal notice on the Ex-Parte Order is fatal to the First Plaintiff’s case — whether the Plaintiff had successfully established that the First, Second and Fourth Defendants had committed contempt beyond reasonable doubt — whether the committal proceeding can be initiated against the First, Second and Fourth Defendants when same issues have been raised and adjudicated in prior proceeding — res judicata 1 Plaintiff alleged the unlawful seizure of goods belonging to the Plaintiff and the wrongful detention of a chartered vessel — Plaintiff also claim damages arising from the alleged wrongful and unlawful doings of the Defendants — Whether the Plaintiff is the owner of the vessel — Whether vessel entered Kuah waters for the purpose of refuelling — Whether the cargo on board belongs to the Plaintiff — Whether the detention of vessel, its Captain, and 9 crew members was lawful — Whether the Second Defendant’s press conference regarding the detention tarnished the reputation and good name of the Plaintiff — Whether vessel, its Captain, and 9 crew members committed offences under Act 235, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and/or applicable maritime laws — Whether the Defendants are liable to pay the Plaintiff general and special damages — Section 44, 45, 46, and 135 of the Act 235 1 Whether the 1st Defendant is liable to the Plaintiff for the outstanding amounts claimed under the accounts, as pleaded in the Amended Writ and Amended Statements of Claim, and arising from the Agreements — Whether the 2nd, 3rd and 4th Defendants, in their respective capacities as guarantors of the 1st Defendant, are jointly and severally liable for the said outstanding amounts under the Agreements — Whether the Plaintiff is entitled to collect Goods and Services Tax (GST) from the 1st Defendant during the Tax Holiday period — Whether the Plaintiff is entitled to claim monthly rental charges after termination of the Agreements, in circumstances where the Equipment was no longer in service — Whether the Plaintiff is entitled to claim six (6) months’ rental as compensation for the non-return of Equipment by the 1st Defendant — Section 554(1) and 38(1) of the Companies Act 2016 1 trespass of land — Judicial Sale — issue on transfer or surrender of land without consent from the chargee — section 204 of the NLC — whether a successful bidder at the auction sale under the National Land Code 1965 must recognise the interest of a person or a body not registered against the title to the land now duly registered in the successful bidder’s name — whether the right of the appellant as the registered owner under sections 89 (conclusiveness of register documents of title) and 340 of the NLC 1965 registration to confer indefeasible title) can be defeated by a promise to surrender the said property made by the Previous Owners — whether there was a valid surrender of Subject Land under sections 196(1)(c) read with 196(2)(a) of the NLC 1965 when the consent of the chargee had not been obtained. 1
APPLICATION FOR LEAVE TO COMMENCE JUDICIAL REVIEW — ORDER 53 RULE 3 RULES OF COURT 2012 — WHETHER PRIMA FACIE THERE IS A GENUINE CASE FOR REVIEW — WHETHER THE SUBJECT MATTER IS ACADEMIC — WHETHER THE APPLICATION IS FRIVOLOUS AND VEXATIOUS 1 case
Appeal against the decision of the Session Court Judge for dismissing the application to set aside the judgment dated 29.08.2023 — Order 35 rule 2 of Rules of Court 2012 — Court discretion to set aside judgment entered after trial in the absence of a party — Whether the Appellant had shown sufficient cause to justify setting aside the judgment obtained after full trial — Whether the Appellant had demonstrated a meritorious defence — Appellant displayed lackadaisical attitude in failing to appoint new solicitors for trial despite previous solicitors discharged themselves one year before trial date 1 case
Notice of Application for a committal proceeding against the Respondents for failure to adhere to the terms of the Consent Judgement– whether the Respondents breach the terms of the Consent Judgement– whether there is an unreasonable and an inordinate delay in executing the Consent Judgement — whether the Consent Judgement is enforceable without the penal notice 1 case
Appeal against the decision of the Session Court Judge for dismissing the counter claim of the Appellant– whether the Session Court Judge erred in law by dismissing the counter claim due to the non-appearance of the Appellant’s solicitors– whether the refusal to grant an adjournment amounted to a breach of natural justice — whether appellate intervention is warranted — solicitors only filed discharge application three days before trial date 1 case
Judicial Review– whether the Appellant can appeal against this Court’s decision to grant leave for judicial review application where the Appellant has not been made a party to the proceedings at the leave stage — what are the threshold requirements at the leave stage for judicial review application — whether the Court can grant the stay of the decisions of Second and Third Respondents pending the disposal of the judicial review application 1 case
Originating Summons — Order for Sale — whether the Plaintiff is allowed to accept the loan payment after the Defendant has adjudged bankrupt — whether the conduct of the Plaintiff of accepting the housing instalment payment from the Defendant after issuing the Notice Recall the Loan and Termination and also Notice 16D under National Land Code 1965 is amounting to cause to the contrary under subsection 256(3) of National Land Code 1965. 1 case
Notice of Application for a committal order against the First, Second and Fourth Defendants — whether an omission by the First Plaintiff to indorse a penal notice on the Ex-Parte Order is fatal to the First Plaintiff’s case — whether the Plaintiff had successfully established that the First, Second and Fourth Defendants had committed contempt beyond reasonable doubt — whether the committal proceeding can be initiated against the First, Second and Fourth Defendants when same issues have been raised and adjudicated in prior proceeding — res judicata 1 case
Plaintiff alleged the unlawful seizure of goods belonging to the Plaintiff and the wrongful detention of a chartered vessel — Plaintiff also claim damages arising from the alleged wrongful and unlawful doings of the Defendants — Whether the Plaintiff is the owner of the vessel — Whether vessel entered Kuah waters for the purpose of refuelling — Whether the cargo on board belongs to the Plaintiff — Whether the detention of vessel, its Captain, and 9 crew members was lawful — Whether the Second Defendant’s press conference regarding the detention tarnished the reputation and good name of the Plaintiff — Whether vessel, its Captain, and 9 crew members committed offences under Act 235, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and/or applicable maritime laws — Whether the Defendants are liable to pay the Plaintiff general and special damages — Section 44, 45, 46, and 135 of the Act 235 1 case
Whether the 1st Defendant is liable to the Plaintiff for the outstanding amounts claimed under the accounts, as pleaded in the Amended Writ and Amended Statements of Claim, and arising from the Agreements — Whether the 2nd, 3rd and 4th Defendants, in their respective capacities as guarantors of the 1st Defendant, are jointly and severally liable for the said outstanding amounts under the Agreements — Whether the Plaintiff is entitled to collect Goods and Services Tax (GST) from the 1st Defendant during the Tax Holiday period — Whether the Plaintiff is entitled to claim monthly rental charges after termination of the Agreements, in circumstances where the Equipment was no longer in service — Whether the Plaintiff is entitled to claim six (6) months’ rental as compensation for the non-return of Equipment by the 1st Defendant — Section 554(1) and 38(1) of the Companies Act 2016 1 case
trespass of land — Judicial Sale — issue on transfer or surrender of land without consent from the chargee — section 204 of the NLC — whether a successful bidder at the auction sale under the National Land Code 1965 must recognise the interest of a person or a body not registered against the title to the land now duly registered in the successful bidder’s name — whether the right of the appellant as the registered owner under sections 89 (conclusiveness of register documents of title) and 340 of the NLC 1965 registration to confer indefeasible title) can be defeated by a promise to surrender the said property made by the Previous Owners — whether there was a valid surrender of Subject Land under sections 196(1)(c) read with 196(2)(a) of the NLC 1965 when the consent of the chargee had not been obtained. 1 case
Key Statutes
Rules of Court 2012
cited in 4 cases Courts of Judicature Act 1964 (Cap 91)
cited in 2 cases Federal Constitution
cited in 2 cases Insolvency Act 1967 (Cap 360)
cited in 1 case Employment Act
cited in 1 case National Land Code (Cap 828)
cited in 1 case Customs Act 1967 (Cap 235)
cited in 1 case Customs Act
cited in 1 case Evidence Act 1950
cited in 1 case Companies Act 2016 (Cap 777)
cited in 1 case Contracts Act 1950 (Cap 136)
cited in 1 case Goods and Services Tax Act 2014
cited in 1 case Repeal Act
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Chee Siah Le Kee & Partners 1 Henry Soong & Chang 1 Aida & G Ravi 1 Rabia Farihan & Sures 1 Gun & Chambers 1 C Sankaran & Co 1 Tan & Khong Chambers 1 Alias, Kang, Ungku Mas & Associates 1 Zaid Ibrahim & Co 1 G.K. Sritharan & Co 1 Nekoo 1 Manian K. Marappan & Company 1 State Legal Advisor's Office 1 Pejabat Penasihat Undang-Undang Negeri Kedah 1 Rajadevan & Associates 1
Cases
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CHOY JOON HAU v PENDAFTAR MAHKAMAH RAYUAN MALAYSIA
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MYHC
ja-12ancvc-30-12-2023
D-SAFE FORCE SDN BHD v 1. ) LAI WOON FATT 2. ) WONG SIN YEN
15 December 2025
MYHC
22ncvc-540-12-2011
XXXX v XXXX
18 May 2025
MYHC
ja-12bncvc-30-12-2023
1. ) Bandari Simma Realty Sdn. Bhd. 2. ) Subramaniam A/l Paidhatally v TAN BON KIAT
18 March 2025
MYHC
ja-25-37-12-2024
Manirajah A/l Suppiah (membela rayuan ini sebagai wakil kepada Ahli Jawatankuasa the Sri Mariamman Temple Paripalana Saba, Batu Pahat (No. Pendaftaran: PPM 004-01-24041968) bagi tahun 2022/2023)) v Kementerian Dalam Negeri Johor PENCELAH 1. ) Paramasivan A/l Subramaniam (membawa rayuan ini selaku Presiden Jawatankuasa the Sri Mariamman Temple Paripalana Saba, Batu Pahat (No. Pendaftaran: PPM-004-01-24041968) [“Pertubuhan Kuil tersebut”] dan wakil kepada Ahli-ahli Jawatankuasa Pertubuhan Kuil ...
29 December 2024
MYHC
ja-24mfc-400-05-2024
OCBC Al-Amin Bank Berhad v Mohd Naza Bin Osman Ali (Si Bankrap diwakili oleh Ketua Pengarah Insolvensi)
17 November 2024
MYHC
ja-22ncvc-10-01-2021
1. ) JESS TECHNOLOGY (JOHOR) SDN BHD 2. ) JESS TECHNOLOGY SDN BHD v 1. ) NG WAI HOONG 2. ) LOO WAN CHING 3. ) QL AUTOMATION SDN BHD 4. ) Lee Heng Yong 5. ) Tan Zee Karn 6. ) Suhailah Binti Md Saad
6 October 2024
MYHC
ka-21ncvc-5-05-2019
SUCCESS PLUS CO LTD v 1. ) MOHD KHAIRI BIN OTHMAN 2. ) Pengarah Kastam Diraja Malaysia Negeri Kedah 3. ) Ketua Pengarah Kastam Diraja Malaysia
28 February 2024
MYHC
ka-22ncvc-104-09-2018
FUJI XEROX ASIA PACIFIC PTE LTD v 1. ) BUMI XEROX SDN BHD 2. ) Rohana Binti Ahmad 3. ) TUNKU JOHANEZ BIN TUNKU ANNUAR 4. ) MOHD ADRI BIN ZULKIPLI
11 December 2023
MYHC
01f-6-03-2021b
BAYANGAN SEPADU SDN BHD (Company No.: 302704-K) v 1. JABATAN PENGAIRAN DAN SALIRAN NEGERI SELANGOR 2. PENGARAH PENGAIRAN DAN SALIRAN NEGERI SELANGOR 3. KERAJAAN NEGERI SELANGOR DARUL EHSAN
8 December 2021
MYFC