USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF
Catchwords
Judgment after trial – Claim for payment under an Indemnity Agreement – Counterclaim – Allegation of coercion, undue influence and misrepresentation – Allegation of criminal intimidation – Nature of the threat adduced in evidence was insufficient to establish criminal intimidation – No element of coercion established – Section 15 of the Contracts Act 1950 – Section 503 of the Penal Code (Act 574) Whether the Defendant was induced by any misrepresentation – Burden of proof – claim not substantiated on balance of probabilities – Consistency between the evidence and witness testimony – Section 18 of the Contracts Act 1950 Whether the Defendant executed the Indemnity Agreement under any undue influence – Burden of proof – No evidence of power to dominate the Defendant's free will – Section 16 of the Contracts Act 1950 Whether there was any subsequent agreement that waived the Plaintiff’s rights under the Indemnity Agreement – No waiver or variation to compromise the Plaintiff’s rights under the agreement – Defendant bounds by the terms of agreement
Practice Areas
Judges (1)
Case Significance
USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF is a High Court (Mahkamah Tinggi) decision dated August 27, 2025 (citation: ba-22ncvc-239-06-2023). The case was decided by Elaine Yap Chin Gaik.
Key issues: Whether the Defendant executed the Indemnity Agreement under any undue influence – Burden of proof – No evidence of power to dominate the Defendant's free will – Section 16 of the Contracts Act 1950.
What was the outcome of USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF?
USAHA BAHAGIA TIMBER SDN. BHD. v TUAN KHAIRUL ANNUAR BIN TUAN YUSUF is a High Court decision dated August 27, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.