Civil law
5 cases · January 2022 to April 2026
Case Volume by Year
1 22
1 24
1 25
2 26
2022–2026
Key Issues & Sub-Topics
Fatal accident — Assessment of damages — Loss of dependency — Appeal against quantum of damages awarded by Sessions Court — Whether trial judge erred in assessment of multiplicand and multiplier — Whether deceased's income sufficiently proven by payslips, EPF records, bank statements and oral testimony — Whether documentary evidence concerning earnings consistent and reliable — Whether awards granted manifestly inadequate — Civil Law Act 1956, ss. 7 & 8 1 Fatal accident — Loss of dependency — Claim by parents — Deceased employed in family company owned and controlled by parent — Economic relationship between parent and deceased — Whether financial support flowed from parent to child — Requirement to prove actual pecuniary loss — Dependency not presumed — Burden of proving financial support — Strict proof of contributions — Civil Law Act 1956, s 7. Damages — Fatal accident claim — Assessment of loss of support — Nature of dependency claim — Requirement of clear and convincing evidence — Court not to rely on assumptions, presumption or sympathy — Proof of actual financial benefit at time of death. Evidence — Dependency claim — Burden of proof — Failure to call material witness — Absence of documentary proof of financial contributions — Whether adverse inference arises. 1 Holding over — s. 28(4) Civil Law Act 1956 — Tenant remaining in possession after expiry — Landlord’s option to claim double rent — Conditions for exercise of statutory right — Rent — Continued occupation without payment — Liability for mesne profits/rent — Double rent refused — Court awarding equivalent of single rent having regard to surrounding circumstances including Movement Control Order and failure to exercise option — Breach — Obligation to restore premises — Failure to reinstate to original condition — Liability established 1 Contract — Breach of contract procedure — Alleged promise to compensate — Termination of project mandate — Relocation project for orphanage — Proof of promise — Absence of written agreement — Whether compensation promise enforceable — Burden of proof — Quantum of damages — Relocation project — Statutory body — Replacement contractor — Consent of State EXCO — Breach of procedure — Alleged promise to compensate — Proof and enforceability — Privity of contract — Whether defendant a party to contract — Appointment and termination made by State Government — No written agreement between parties — Absence of consideration — Whether valid cause of action disclosed — Doctrine of privity reaffirmed — Enforcement of contract by third party — Court’s duty not to reconstruct or create new contract — Separate legal personality of statutory body — Privity of contract — Whether defendant a party to contract — Appointment and termination made by State Government — No written agreement between parties — Absence of consideration — Whether valid cause of action disclosed — Doctrine of privity reaffirmed — Enforcement of contract by third party — Court’s duty not to reconstruct or create new contract — Separate legal personality of statutory body — Waqf land held in trust — No liability of trustee for acts of State Government — Assignment of project to third party — Absence of State Exco consent — Plaintiff seeking to rely on own breach — Whether plaintiff can benefit from own wrong — Absence of contractual relationship — Stranger to contract — Abuse of court process — Claim filed for improper purpose — Whether suit maintainable. 1 section 129 of the Local Government Act 1976 — section 130(i) LGA 1976 — Whether the electrical structures/machineries must be considered together with the land and the building in assessing the improved value rate — Whether the imposition of ‘Improved Value’ in state of Johor is ultra vires section 129 of the LGA 1976 — Whether The Electrical Structures/machineries Located At The PMUs Can Be Imposed With Improved Value Rate Under The LGA 1976 — Whether Machinery Falls Under The Definition Of The ‘Building’ In Section 2 Of The LGA 1976 - 1
Fatal accident — Assessment of damages — Loss of dependency — Appeal against quantum of damages awarded by Sessions Court — Whether trial judge erred in assessment of multiplicand and multiplier — Whether deceased's income sufficiently proven by payslips, EPF records, bank statements and oral testimony — Whether documentary evidence concerning earnings consistent and reliable — Whether awards granted manifestly inadequate — Civil Law Act 1956, ss. 7 & 8 1 case
Fatal accident — Loss of dependency — Claim by parents — Deceased employed in family company owned and controlled by parent — Economic relationship between parent and deceased — Whether financial support flowed from parent to child — Requirement to prove actual pecuniary loss — Dependency not presumed — Burden of proving financial support — Strict proof of contributions — Civil Law Act 1956, s 7. Damages — Fatal accident claim — Assessment of loss of support — Nature of dependency claim — Requirement of clear and convincing evidence — Court not to rely on assumptions, presumption or sympathy — Proof of actual financial benefit at time of death. Evidence — Dependency claim — Burden of proof — Failure to call material witness — Absence of documentary proof of financial contributions — Whether adverse inference arises. 1 case
Holding over — s. 28(4) Civil Law Act 1956 — Tenant remaining in possession after expiry — Landlord’s option to claim double rent — Conditions for exercise of statutory right — Rent — Continued occupation without payment — Liability for mesne profits/rent — Double rent refused — Court awarding equivalent of single rent having regard to surrounding circumstances including Movement Control Order and failure to exercise option — Breach — Obligation to restore premises — Failure to reinstate to original condition — Liability established 1 case
Contract — Breach of contract procedure — Alleged promise to compensate — Termination of project mandate — Relocation project for orphanage — Proof of promise — Absence of written agreement — Whether compensation promise enforceable — Burden of proof — Quantum of damages — Relocation project — Statutory body — Replacement contractor — Consent of State EXCO — Breach of procedure — Alleged promise to compensate — Proof and enforceability — Privity of contract — Whether defendant a party to contract — Appointment and termination made by State Government — No written agreement between parties — Absence of consideration — Whether valid cause of action disclosed — Doctrine of privity reaffirmed — Enforcement of contract by third party — Court’s duty not to reconstruct or create new contract — Separate legal personality of statutory body — Privity of contract — Whether defendant a party to contract — Appointment and termination made by State Government — No written agreement between parties — Absence of consideration — Whether valid cause of action disclosed — Doctrine of privity reaffirmed — Enforcement of contract by third party — Court’s duty not to reconstruct or create new contract — Separate legal personality of statutory body — Waqf land held in trust — No liability of trustee for acts of State Government — Assignment of project to third party — Absence of State Exco consent — Plaintiff seeking to rely on own breach — Whether plaintiff can benefit from own wrong — Absence of contractual relationship — Stranger to contract — Abuse of court process — Claim filed for improper purpose — Whether suit maintainable. 1 case
section 129 of the Local Government Act 1976 — section 130(i) LGA 1976 — Whether the electrical structures/machineries must be considered together with the land and the building in assessing the improved value rate — Whether the imposition of ‘Improved Value’ in state of Johor is ultra vires section 129 of the LGA 1976 — Whether The Electrical Structures/machineries Located At The PMUs Can Be Imposed With Improved Value Rate Under The LGA 1976 — Whether Machinery Falls Under The Definition Of The ‘Building’ In Section 2 Of The LGA 1976 - 1 case
Key Statutes
Contracts Act 1950 (Cap 136)
cited in 1 case Evidence Act 1950 (Cap 56)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Cases
ja-12b-37-06-2025
1. ) RAJINA A/P WILLIAM adalah isteri yang sah kepada THANABAL A/L THANGARAJOO simati dan membawa tindakan ini untuk dirinya dan juga bagi pihak estate simati di bawah Seksyen 7 & 8 Akta Undang-Undang Sibil 1956 dan juga bagi gantirugi berifmen 2. ) XXXX v WANG KANG WEI
20 April 2026
MYHC
da-12b-31-10-2025
1. ) MUHAMMAD AZNAN BIN MAZLAN 2. ) KAMI FARMING SDN. BHD. v 1. ) LUA BOON HOE (Menuntut sebagai benefisiari serta tanggungan dan bapanya yang sah kepada LUA QI LIM - Si mati mengikut Seksyen 7 & Seksyen 8 di bawah Akta Undang-Undang Sibil 1956) (Pindaan 2019) 2. ) CHUA BEE KHIM (Menuntut sebagai benefisiari serta tanggungan dan ibunya yang sah kepada LUA QI LIM - Si mati mengikut Seksyen 7 & Seksyen 8 di bawah Akta Undang-Undang Sibil 1956) (Pindaan 2019)
2 March 2026
MYHC
ca-22ncvc-29-09-2020
Portland Oasis Sdn Bhd v Universiti Malaysia Pahang (UMP)
18 December 2025
MYHC
ja-21ncvc-20-04-2021
PEDOMAN ASLI SDN BHD v MAJLIS AGAMA ISLAM NEGERI JOHOR
15 July 2024
MYHC
01i-30-10-2020j
TENAGA NASIONAL BERHAD (Company No.: 200866-W) v MAJLIS DAERAH SEGAMAT
3 January 2022
MYFC