Contract law
11 cases · September 2018 to December 2025
Case Volume by Year
3 18
8 25
2018–2025
Key Issues & Sub-Topics
Whether the subcontract from the Appellant to the Respondent was an Ali Baba arrangement — Whether such arrangement was illegal as contrary to public policy — Contracts Act 1950 section 24 1 Performance Bond — Arbitration Act 2005, section 11- Whether the Employer calling on the Performance Bond is unconscionable conduct- Whether strong prima facie evidence of unconscionability was established— Whether contractual disputes equate to unconscionability — Whether Applicants able to show a seriously arguable case 1 Doctrine of freedom of contract — Enforcement of rights under contract — Call option agreement — Put option agreement — Directors’ Irrevocable Undertaking to guarantee due performance — Breach of contract by Defendant — Parties are bound by terms of contract — No particulars of illegality, settlement or breach — No counterclaim by Defendants for the alleged breach 1 Share Sale Agreement (SSA) — Breach of contractual obligations — Construction of Terms — Distinction between default/remedy clauses and dispute resolution clauses — Interpretation of phrase "at law or in equity". 1 Email as contract — Offer and acceptance — Implied/ oral agreement — Certainty of terms — Intention to create legal relations — Consideration. Evidence — Documentary proof — Emails, payments, reports — Bare denial — Inference from conduct — Burden of proof (s.101, 104 Evidence Act). Commercial Services — Consultancy fees — Project management work — Unpaid remuneration. Company Law — Separate legal personality — Director’s personal liability — Joint liability based on conduct. Appellate Review — Standard of intervention — Whether Sessions Court plainly wrong — Factual findings supported by evidence. Civil Procedure — Appeal — Contractual dispute — Assessment of contemporaneous correspondence. 1 Termination clause — Interpretation — "Mutual termination by notice" — Whether unilateral termination valid Contract interpretation — Construction of agreement — Section headings — Relevance in determining parties' intention Commercial contracts — Service level agreement — IT implementation project — Termination without cause Contract law — Breach of contract — Wrongful termination — Quantum of damages — Calculation based on percentage of work completed Contract interpretation — Holistic approach — Reading provisions together — Avoiding rendering clauses nugatory Contract law — Sanctity of contract — Court's role in interpretation — Not to rewrite or improve terms Evidence — Burden of proof — Sections 101 and 102 of Evidence Act 1950 Contract law — Contemporaneous documents — Weekly progress reports — Evidential value Contract law — Damages — Entitlement to payment for work completed prior to wrongful termination 1 Sale Agreement — Specific performance — Power of Attorney — Validity — Malay Reserve Land — Contracts Act 1950 s 24 — Moneylending — Illegal moneylending — Civil Procedure — Pleadings — Evidence — Judicial Comity — Equity — Remedies — Whether the Power of Attorney conflicts with Section 10 of the Kedah Malay Reserve Enactment — Whether the third-party purchaser is entitled to the remedy of specific performance of the Consensual Agreement. 1 Trust Agreement — Existence and validity — Primary evidence under s.62 Evidence Act 1950 — Presumption under s.90 Evidence Act 1950 — Binding effect on legal representatives — Specific performance — Contracts Act 1950, s.38 — Specific Relief Act 1950, ss.2, 26 1 agreement to manage and operate outdoor advertising sites through tender process — whether there is a concluded contract — whether there is absolute and unqualified acceptance — approaches to determine whether the contracting parties reached consensus ad idem on the terms of contract 1 tenancy agreement — default in payment of rental — recovery of rental and interest for the tenancy period — existence of express condition of title for the land — whether the tenant has knowledge of the contravention of the express condition of title — whether the tenancy agreement void and illegal under Section 66 Contracts Act 1950 for contravening express condition of title Land law — conversion — submission for surrender, re-alienation, amalgamation and conversion of land use from residential to commercial and mix development — whether the change of use become effective upon approval by state authority — Section 124, 204D National Land Code 1 tenancy agreement — default in payment of rental — recovery of rental and interest for the tenancy period — existence of express condition of title for the land — whether the tenant has knowledge of the contravention of the express condition of title — whether the tenancy agreement void and illegal under Section 66 Contracts Act 1950 for contravening express condition of title Land law — conversion — submission for surrender, re-alienation, amalgamation and conversion of land use from residential to commercial and mix development — whether the change of use become effective upon registration and issuance of new issue document of title — Section 124, 204D National Land Code 1
Whether the subcontract from the Appellant to the Respondent was an Ali Baba arrangement — Whether such arrangement was illegal as contrary to public policy — Contracts Act 1950 section 24 1 case
Performance Bond — Arbitration Act 2005, section 11- Whether the Employer calling on the Performance Bond is unconscionable conduct- Whether strong prima facie evidence of unconscionability was established— Whether contractual disputes equate to unconscionability — Whether Applicants able to show a seriously arguable case 1 case
Doctrine of freedom of contract — Enforcement of rights under contract — Call option agreement — Put option agreement — Directors’ Irrevocable Undertaking to guarantee due performance — Breach of contract by Defendant — Parties are bound by terms of contract — No particulars of illegality, settlement or breach — No counterclaim by Defendants for the alleged breach 1 case
Email as contract — Offer and acceptance — Implied/ oral agreement — Certainty of terms — Intention to create legal relations — Consideration. Evidence — Documentary proof — Emails, payments, reports — Bare denial — Inference from conduct — Burden of proof (s.101, 104 Evidence Act). Commercial Services — Consultancy fees — Project management work — Unpaid remuneration. Company Law — Separate legal personality — Director’s personal liability — Joint liability based on conduct. Appellate Review — Standard of intervention — Whether Sessions Court plainly wrong — Factual findings supported by evidence. Civil Procedure — Appeal — Contractual dispute — Assessment of contemporaneous correspondence. 1 case
Termination clause — Interpretation — "Mutual termination by notice" — Whether unilateral termination valid Contract interpretation — Construction of agreement — Section headings — Relevance in determining parties' intention Commercial contracts — Service level agreement — IT implementation project — Termination without cause Contract law — Breach of contract — Wrongful termination — Quantum of damages — Calculation based on percentage of work completed Contract interpretation — Holistic approach — Reading provisions together — Avoiding rendering clauses nugatory Contract law — Sanctity of contract — Court's role in interpretation — Not to rewrite or improve terms Evidence — Burden of proof — Sections 101 and 102 of Evidence Act 1950 Contract law — Contemporaneous documents — Weekly progress reports — Evidential value Contract law — Damages — Entitlement to payment for work completed prior to wrongful termination 1 case
Sale Agreement — Specific performance — Power of Attorney — Validity — Malay Reserve Land — Contracts Act 1950 s 24 — Moneylending — Illegal moneylending — Civil Procedure — Pleadings — Evidence — Judicial Comity — Equity — Remedies — Whether the Power of Attorney conflicts with Section 10 of the Kedah Malay Reserve Enactment — Whether the third-party purchaser is entitled to the remedy of specific performance of the Consensual Agreement. 1 case
Trust Agreement — Existence and validity — Primary evidence under s.62 Evidence Act 1950 — Presumption under s.90 Evidence Act 1950 — Binding effect on legal representatives — Specific performance — Contracts Act 1950, s.38 — Specific Relief Act 1950, ss.2, 26 1 case
agreement to manage and operate outdoor advertising sites through tender process — whether there is a concluded contract — whether there is absolute and unqualified acceptance — approaches to determine whether the contracting parties reached consensus ad idem on the terms of contract 1 case
tenancy agreement — default in payment of rental — recovery of rental and interest for the tenancy period — existence of express condition of title for the land — whether the tenant has knowledge of the contravention of the express condition of title — whether the tenancy agreement void and illegal under Section 66 Contracts Act 1950 for contravening express condition of title Land law — conversion — submission for surrender, re-alienation, amalgamation and conversion of land use from residential to commercial and mix development — whether the change of use become effective upon registration and issuance of new issue document of title — Section 124, 204D National Land Code 1 case
Key Statutes
Courts of Judicature Act
1964
cited in 1 case Arbitration Act 2005 (Cap 646)
cited in 1 case Arbitration Act
cited in 1 case Courts of Judicature Act
cited in 1 case Courts
of Judicature Act
cited in 1 case Arbitration Ordinance 1960
cited in 1 case New South
Wales Arbitration Act 1902
cited in 1 case New South Wales Arbitration Act 1902
cited in 1 case Arbitration Act 1902
cited in 1 case Courts of
Judicature Act
cited in 1 case Courts of Judicature
Act
cited in 1 case Arbitration Act applies to contractual
arbitrations governed by the Arbitration Act
cited in 1 case Singaporean
Arbitration Act
cited in 1 case Contracts Act 1950 (Cap 136)
cited in 1 case Courts of Judicature Act 1964 (Cap 91)
cited in 1 case Court Distribution
Key People & Firms
Cases
w-02ca-538-04-2025
PEMBINAAN JAYA ZIRA SDN BHD v SUNGAI LUI CONSTRUCTION AND DEVELOPMENT SDN BHD
7 December 2025
MYCOA
wa-24carb-20-06-2025
1. ) CHINA CONSTRUCTION YANGTZE RIVER (MALAYSIA) SDN BHD 2. ) CHINA CONSTRUCTION THIRD BUREAU FIRST ENGINEERING CO., LTD v 1. ) TTDI KL METROPOLIS SDN BHD 2. ) INDUSTRIAL AND COMMERCIAL BANK OF CHINA (MALAYSIA) BERHAD
27 November 2025
MYHC
wa-22ncc-251-04-2025
WAI CHOO v 1. ) PLATINUM INTEGRATED CITY SDN. BHD. 2. ) LEE THAI YOUNG MATAHARI 3. ) BINTANG LEE THAI HSIN
6 November 2025
MYHC
wa-22ncc-844-12-2024
1. ) YEONG MUN FUNG 2. ) TOO WAI HOONG 3. ) LEONG CHUNG CHEN 4. ) ON YONG WEE 5. ) YONG SAI KENG v HOO VOON HIM
27 October 2025
MYHC
ba-12b-116-10-2024
1. ) Dato Sri' Tan Hoe Beng 2. ) ZCM Minerals Sdn Bhd v Lee Ean Lean
13 October 2025
MYHC
wa-22ncvc-519-08-2020
Meridian Diversified (M) Sdn Bhd v Export-Import Bank of Malaysia Berhad
9 October 2025
MYHC
ka-22ncvc-42-07-2020
AZURA BINTI IBRAHIM v YUAN TRADING & AGENCY SDN BHD
13 August 2025
MYHC
ka-22ncvc-8-02-2022
Hallifni Binti Ali v ZARINA BINTI AZIZ
22 July 2025
MYHC
01f-29-09-2016b
SENI JAYA SDN BHD ORION MESRA SDN BHD DATO' AHMAD TARMIZI B. HJ. PUTEH MAJLIS BANDARAYA PETALING JAYA
20 November 2018
MYFC
02f-135-11-2017w-02f-136-11-2017w
Tan Sri Dato' Lim Cheng Pow v Bellajade Sdn Bhd
24 September 2018
MYFC
02f-136-11-2017w-02f-135-11-2017w
Tan Sri Dato' Lim Cheng Pow CME Group Berhad v Bellajade Sdn Bhd
24 September 2018
MYFC