1. ) EXECUTIVE JETS ASIA INC. 2. ) EXECUTIVE JETS ASIA SDN. BHD. v MEDEX AERO PTY LTD PIHAK TERKILAN Prithpal Singh Sandu

ja-22ncvc-96-07-2020 High Court (Mahkamah Tinggi) 29 April 2026 • JA-22NCvC-96-07/2020 • 28 min read
6 cases cited (0 SG, 6 foreign)

Outcome

(b) On Issue 2 : The Defendant’s counterclaim against the 2nd Defendant in the counterclaim is dismissed; (c) The Defendant's counterclaim against the 3rd Defendant in the counterclaim is also dismissed; and (d) Costs of the main action and the counterclaim are fixed globally in the sum of RM170,000.00, subject to allocator, payable by the Defendant in the original action (and Plaintiff in the counterclaim), Medex Aero Pty Ltd, as follows – (i) RM120,000.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ja-22ncvc-96-07-2020). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Aviation services dispute – ACMI Agreement – aircraft charter arrangement – alleged breach and counterclaim in fraud and damages. Privity of contract – 2nd Plaintiff entitled to USD3,800.76 for unpaid services – no substantive defence raised – set-off not established. Fraudulent misrepresentation – balance of probabilities – Yeohata Machineries test applied – no representation by EJASB – claim fails. Corporate veil – alter ego argument rejected – Salomon principle reaffirmed – Ong Leong Chiou applied – separate legal entity upheld. Fraud particulars insufficient – lack of reliance and causation – damages not proven – counterclaim dismissed. Judgment : claim allowed USD3,800.76 with interest – counterclaim dismissed against all defendants – costs awarded.

Practice Areas

Contract

Judges (1)

Noradura binti Hamzah Delivered

Counsel (10)

Hazelin & Associates Firm Tay & Partners Firm Veer & Co. Firm Cheah Soo Chuan Counsel Defendant Keshvinjeet Singh Counsel Defendant Khor Wei Wern Counsel Defendant Mohd Faizal Bin Ahmad Counsel Plaintiff Muhammad Ibrahim Haneef Bin Azhari Counsel Plaintiff Sharon Teoh Sin Hui Counsel Defendant T. Gunaseelan Counsel Defendant

Parties (4)

EXECUTIVE JETS ASIA INC Plaintiff EXECUTIVE JETS ASIA Sdn Bhd Plaintiff MEDEX AERO PTY LTD Defendant Prithpal Singh Sandu Aggrieved Party

Cases Cited (6)

UK (1)
[1897] AC 22
MY (5)
[1986] 1 MLJ 68 [2008] 1 MLJ 743 [2015] 5 MLJ 1 [2015] 6 MLJ 810 [2021] 4 CLJ 821

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22ncvc-96-07-2020)