Noor Hisham bin Ismail

On the judicial record

A versatile High Court civil judge whose reported corpus spans road-traffic negligence, contract and company disputes, land and estate matters, and housing damages.

Justice Noor Hisham bin Ismail sits in the High Court (Mahkamah Tinggi), and the reported decisions in this corpus are civil, with a strong tort and commercial character and many judgments written in Bahasa Malaysia. Road-traffic negligence is a recurring subject, decided on the balance of probabilities where the oral and documentary evidence conflict — for example a rear-end collision where liability was apportioned wholly against the defendant, and a liability dispute turning on whether the plaintiff had proved the defendant's involvement in the accident against contradictory evidence and a police investigating officer's findings.

Contract and commercial disputes feature, including an alleged promise to compensate on the termination of a project mandate for the relocation of an orphanage, where the absence of a written agreement bore on whether the promise was enforceable, and a friendly-loan appeal where the defendant elected not to call evidence and submitted 'no case to answer', raising the legal consequences of that election. Company and insolvency questions arise, including a winding-up petition founded on inability to pay debts and the statutory presumption of insolvency under sections 465 and 466 of the Companies Act 2016, and a strike-out application under Order 18 rule 19 of the Rules of Court in an action alleging fraudulent trading and conspiracy to defraud.

Land and estate matters also come before the court, including the termination of co-proprietorship and a sale by tender or auction under section 145(1) of the National Land Code with distribution of proceeds among beneficiaries and trustees, and a dependency claim under section 7 of the Civil Law Act 1956 on the loss of support following a fatal accident. Housing questions arise through a claim for liquidated damages for late delivery of vacant possession and the interpretation of a force-majeure clause. The corpus reflects a versatile High Court civil judge.