1. ) ALUPANORAMA METALS SDN BHD 2. ) AM METALS SERVICES CENTRE SDN BHD v 1. ) OKAYA INTERNATIONAL (H.K.) LTD 2. ) GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. LTD 3. ) Guang Dong Yue Xin Asset Management Co. Ltd 4. ) Yip Kwong Nin (Juga Dikenali Sebagai Danny Yip) 5. ) Zheng, Liqun (Juga Dikenali Sebagai Jesse Cheng)

ba-22ncc-109-09-2019 High Court (Mahkamah Tinggi) 19 January 2026 • BA-22NCC-109-09/2019 • 29 min read
10 cases cited (0 SG, 10 foreign)

Outcome

In the circumstances, the counterclaim is allowed.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-22ncc-109-09-2019). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Writ action-Plaintiff entered into agreement with D2, a company in China for supply of aluminium products-goods manufactured by Yinhai Factory-Plaintiff was introduced to D1 to facilitate credit its purchase of goods by paying D2 for the products on behalf of the Plaintiff and then charging Plaintiff for the price with a 1% commission-terms of arrangement agreed upon by Plaintiff together with D1 and D2-products subsequently found to be sourced from other third party mills in China-whether under the tripartite arrangement, D1 is deemed the seller of the products where it is bound by the terms applicable to D2 as supplier and manufacturer-whether it is liable for D2’s late delivery of the products and for breach of contract as goods were not from Yinhai Factory-claim against D1 and its representative for conspiracy to defraud as goods from third party mills were found to be of lower price-claim for unjust enrichment-whether the reliefs claimed have been pleaded and particularised

Practice Areas

Contract Restitution

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (9)

Lee Hishammuddin Allen & Gledhill Firm Ong, Ric & Partners Firm Chew Sue Peng Counsel Defendant Elora Ng Counsel Plaintiff Kho Yan Yee Counsel Defendant Mong Chung Seng Counsel Defendant Premshangar s/o Venugopal Counsel Plaintiff Tang Suvine Counsel Plaintiff Tuw Min Ric Counsel Plaintiff

Parties (7)

ALUPANORAMA METALS Sdn Bhd Plaintiff AM METALS SERVICES CENTRE Sdn Bhd Plaintiff GUANDONG GUANG XIN INVESTMENT HOLDINGS CO. LTD Defendant Guang Dong Yue Xin Asset Management Co. Ltd Defendant OKAYA INTERNATIONAL (H.K.) LTD Defendant Yip Kwong Nin (juga Dikenali Sebagai Danny Yip) Defendant Zheng, Liqun (juga Dikenali Sebagai Jesse Cheng) Defendant

Statutes Cited

Rules of Court 2012

Cases Cited (10)

UK (2)
[1963] 1 WLR 991 [1963] 2 All ER 879
MY (8)
[1967] 2 MLJ 93 [1989] 3 MLJ 360 [2015] 2 CLJ 453 [2015] 5 MLJ 1 [2017] 4 MLJ 697 [2018] 6 MLJ 103 [2021] 5 MLJ 1 [2025] 5 MLJ 106

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncc-109-09-2019)