Issues
8 cases · February 2025 to January 2026
Case Volume by Year
7 25
1 26
2025–2026
Key Issues & Sub-Topics
whether D was common solicitor for P and other party i the drawing up of an agreement and whether there was a duty of care and the scope of such duty; whether the failure of P to call an expert was fatal; whether there was a breach of duty of care/negligence and breach of fiduciary duty; whether P suffered loss or damage? 1 Requirements of interpleader proceeding — Applicant has demonstrated and fulfilled. — Whether the First Respondent is entitled to forfeit the earnest deposit. — Issue of the entitlement to the earnest deposit which was paid by the Second Respondent to the First Respondent for the intended purchase. 1 whether the transaction ought to be regarded as a genuine sale — whether it is in substance no more than a loan clothed in the appearance of a sale — whether the Plaintiff’s claim is caught by the law of limitation. 1 a) whether the terms of the sales contracts bind the Directors b) whether the Directors are liable to pay the Plaintiff the outstanding sum owed by the company c) whether the conduct of the Plaintiff in withdrawing the claim against the company which has since been wound up with no proof of debt filed renders the claim against the Directors fatal as the debt itself has not been proven. — Held — a) there is no pre-condition in Section 540 that the debt against the company must first be proven. All that is required to invoke Section 540 is the intend of the Directors to defraud creditors. b) On the fact of this case the Directors are found to not to be bound by the sales contracts. c) the Plaintiff has failed to prove that the Directors had no intention of paying the Plaintiff at the time the contracts were enter into especially since the company had paid a large portion of the debt. — Plaintiff’s claim dismissed with costs. 1 Whether the judgment in default obtained against the 1st Defendant is regular? — Whether the cause papers have been properly served on the 1st Defendant? — Was there an inordinate delay in filing this application? — Whether the 1st Defendant has shown that the defence has merits? 1 Whether the sale of bunker oil is a zero-rated supply and thus not taxable under the GST Act 2014; and 1 Whether the 1st Respondent’s request to the 2nd Respondent to impose a travel ban is amenable to review? — Whether the 1st Respondent committed an error of law when they requested such travel ban? — Whether there was any reason to belief that the Applicants were about or likely to leave Malaysia permanently, or abscond without paying tax? — Whether Section 59A of the Immigration Act 1959/63 ousts this Court’s review jurisdiction? 1
whether D was common solicitor for P and other party i the drawing up of an agreement and whether there was a duty of care and the scope of such duty; whether the failure of P to call an expert was fatal; whether there was a breach of duty of care/negligence and breach of fiduciary duty; whether P suffered loss or damage? 1 case
Requirements of interpleader proceeding — Applicant has demonstrated and fulfilled. — Whether the First Respondent is entitled to forfeit the earnest deposit. — Issue of the entitlement to the earnest deposit which was paid by the Second Respondent to the First Respondent for the intended purchase. 1 case
whether the transaction ought to be regarded as a genuine sale — whether it is in substance no more than a loan clothed in the appearance of a sale — whether the Plaintiff’s claim is caught by the law of limitation. 1 case
a) whether the terms of the sales contracts bind the Directors b) whether the Directors are liable to pay the Plaintiff the outstanding sum owed by the company c) whether the conduct of the Plaintiff in withdrawing the claim against the company which has since been wound up with no proof of debt filed renders the claim against the Directors fatal as the debt itself has not been proven. — Held — a) there is no pre-condition in Section 540 that the debt against the company must first be proven. All that is required to invoke Section 540 is the intend of the Directors to defraud creditors. b) On the fact of this case the Directors are found to not to be bound by the sales contracts. c) the Plaintiff has failed to prove that the Directors had no intention of paying the Plaintiff at the time the contracts were enter into especially since the company had paid a large portion of the debt. — Plaintiff’s claim dismissed with costs. 1 case
Whether the judgment in default obtained against the 1st Defendant is regular? — Whether the cause papers have been properly served on the 1st Defendant? — Was there an inordinate delay in filing this application? — Whether the 1st Defendant has shown that the defence has merits? 1 case
Whether the sale of bunker oil is a zero-rated supply and thus not taxable under the GST Act 2014; and 1 case
Whether the 1st Respondent’s request to the 2nd Respondent to impose a travel ban is amenable to review? — Whether the 1st Respondent committed an error of law when they requested such travel ban? — Whether there was any reason to belief that the Applicants were about or likely to leave Malaysia permanently, or abscond without paying tax? — Whether Section 59A of the Immigration Act 1959/63 ousts this Court’s review jurisdiction? 1 case
Court Distribution
Key People & Firms
Cases
wa-22ncvc-448-08-2023
Tang Siew Kooi v Teoh Ai Bin
28 January 2026
MYHC
ka-24ncvc-136-04-2023
SYARIKAT NG & ANUAR v 1. ) BESGRADE PLYWOOD SDN. BHD. 2. ) COMPUTER FORMS (MALAYSIA) BERHAD
1 November 2025
MYHC
ka-22ncvc-7-02-2024
Shahrel Azizi bin Saad v Harun bin Ramli
28 October 2025
MYHC
pa-22ncc-12-02-2024
NUTRI DATES SDN BHD v 1. ) SYARIKAT ABDUL GHAFFAR TRADING SDN BHD 2. ) ABDUL MALICK BIN M ABD GHAFFAR 3. ) ABDUL GAFFAR BIN ABDUL MALICK
3 July 2025
MYHC
pa-22ncc-64-09-2023
Ng Ai Sooe (Mendakwa sebagai Nomini dan Isteri yang sah / Wasi serta orang yang bertanggungan kepada Pemegang Polisi Insurans Hong Leong Assurance Berhad No. UL201818332354, OOI CHONG SHAN (“Si Mati”)) v 1. ) HONG LEONG ASSURANCE BERHAD 2. ) BEH JIN HAO 3. ) NEO SIEW SIEW 4. ) BEH MIN HUA
26 March 2025
MYHC
pa-22ncvc-142-08-2023
Yohana Banunaek (Pentadbir Bagi Harta Pusaka Adelina Lisao, Simati) v 1. ) Jayavartiny A/p Ramalue 2. ) AMBIKA A/P M.A. SHANMUGAM
19 February 2025
MYHC
pa-25-16-02-2024
SIN SOON HOCK SDN BHD v 1. ) KEMENTERIAN KEWANGAN MALAYSIA 2. ) KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA
11 February 2025
MYHC
pa-25-32-06-2024
1. ) Khoh Keow Bok 2. ) Goh Chye Choo @ Goh Sai Tiang 3. ) Yeap Hin Eng 4. ) Noor Azura Bt Haji Kassim v 1. ) KETUA PENGARAH KASTAM, JABATAN KASTAM DIRAJA MALAYSIA 2. ) KETUA PENGARAH IMIGRESEN, JABATAN IMIGRESEN MALAYSIA
6 February 2025
MYHC