MUHAMMAD AFIQ BIN MOHD JAAFAR v HM AEROSPACE SDN BHD
wa-22ncvc-490-09-2022 High Court (Mahkamah Tinggi) 24 February 2026 • WA-22NCvC-490-09/2022 • 3 min read
Catchwords
Plaintiff has failed to establish any breach of contract, statutory duty, or constitutional right on the part of the Defendant. The Defendant acted within the bounds of the Agreement, in compliance with applicable regulatory directives, and in a manner that was measured, proportionate, and legally justified. The Plaintiff’s difficulties arose not from any wrongful act of the Defendant, but from his own conscious decision not to comply with requirements that were lawfully imposed, contractually contemplated, and operationally necessary. The law does not permit a party to avoid the consequences of non-compliance and yet seek to derive an advantage therefrom. Contractual and regulatory frameworks would be rendered unworkable if compliance were optional but the benefits unconditional. In the circumstances of this case, the Plaintiff cannot be permitted to shift responsibility for the outcome of his own choices onto the Defendant. Accordingly, the Plaintiff’s claim is dismissed in its entirety. This Court awards costs to the Defendant. In this Court’s considered view, an amount of RM65,000.00 is most reasonable taking into account the facts and circumtances of this case. Therefore, this Court orders that the Plaintiff pays to the Defendant costs of RM65,000.00, to the Defendant, subject to allocator keywords - breach of contract, constitutional right, regulatory directives
Practice Areas
Plaintiff has failed to establish any breach of contract, statutory duty, or constitutional right on the part of the Defendant. The Defendant acted within the bounds of the Agreement, in compliance with applicable regulatory directives, and in a manner that was measured, proportionate, and legally justified. The Plaintiff’s difficulties arose not from any wrongful act of the Defendant, but from his own conscious decision not to comply with requirements that were lawfully imposed, contractually contemplated, and operationally necessary. The law does not permit a party to avoid the consequences of non-compliance and yet seek to derive an advantage therefrom. Contractual and regulatory frameworks would be rendered unworkable if compliance were optional but the benefits unconditional. In the circumstances of this case, the Plaintiff cannot be permitted to shift responsibility for the outcome of his own choices onto the Defendant. Accordingly, the Plaintiff’s claim is dismissed in its entirety. This Court awards costs to the Defendant. In this Court’s considered view, an amount of RM65,000.00 is most reasonable taking into account the facts and circumtances of this case. Therefore, this Court orders that the Plaintiff pays to the Defendant costs of RM65,000.00, to the Defendant, subject to allocator keywords
Judges (1)
Case Significance
MUHAMMAD AFIQ BIN MOHD JAAFAR v HM AEROSPACE SDN BHD is a High Court (Mahkamah Tinggi) decision dated February 24, 2026 (citation: wa-22ncvc-490-09-2022). The case was decided by Roz Mawar binti Rozain.
Key issues: keywords - breach of contract, constitutional right, regulatory directives.
What was the outcome of MUHAMMAD AFIQ BIN MOHD JAAFAR v HM AEROSPACE SDN BHD?
MUHAMMAD AFIQ BIN MOHD JAAFAR v HM AEROSPACE SDN BHD is a High Court decision dated February 24, 2026. The case was heard by Roz Mawar binti Rozain. See the full judgment for details.