Appeal after full trial
10 cases · January 2025 to August 2025
Key Issues & Sub-Topics
Tort — Negligence — Property damage — Damage of underground optical fibre cables owned by the Plaintiff — Duty of care — Allegation on the absence of external cable marker to alert the presence of underground cables — Foreseeability — Sufficient proximity between parties — Public policy considerations — Breach of duty — Third party proceeding — Whether third party is the principal’s agent or independent contractor — Principal-agent relationship — The principal vicariously liable — Third party indemnity — Absence of indemnity clause in the contract — Contributory negligence — Whether it was pleaded — The Plaintiff found to be contributorily negligent — Damages — Measure of damages — Proof of damage — Special damages — Onus of proof lies with the one who claimed — Whether self-serving documents sufficient to prove damages 1 Impugned judgment — Setting aside judgment allegedly obtained by way of fraud — Claim that part of the assessed damages was allegedly premised on falsified documents — Claim that the signature was forged — Burden of proof — Fraud — Forgery — On whom the onus of proof lies in proving the fraudulent acts — Whether the burden of proof was beyond reasonable doubt or balance of probabilities — Whether the failure of the Plaintiff to discharge initial burden of proof would render the burden to be shifted to the Defendant — The importance of key witnesses testimonies in proving fraudulent acts — Section 101 and 102 of Evidence Act 1950 — No appealable error 1 Duty of stakeholder — Breach of Stakeholder Agreement — Right of forfeiture — Whether the earnest deposit hold on stakeholder was validly and properly forfeited — Whether the 45-days due diligence period commences upon receipt of all documents — Third party indemnity claim — Oral testimony contradicted the express terms of the Stakeholders Agreement — Variation of agreement requires valid consideration — Evidence of terms of contract reduced to form of document — Exclusion of evidence of oral agreement — Section 91 and 92 of Evidence Act 1950 — Appeal allowed — The trial Judge’s decision set aside — Appellate intervention required when the trial judge is plainly wrong in his findings 1 Road accident — Appeal on liability and quantum of damages — Apportionment of liability — Extent of Defendant's contributory negligence — Conflicting testimonies between witnesses — Whether there is a plain error in Sessions Court’s judgment — Apportionment of liability varied to 50:50 — Whether damages awarded appropriate — No appealable error on assessment of damages — Appeal allowed in part 1 Agreement for sale of property — Whether there was a concluded sale and purchase agreement — Whether the Plaintiff is entitled to specific performance — Specific enforcement of the conditional SPA — Counterclaim — Whether the Plaintiff is liable to double rental and delivery of vacant possession 1 Contract — Breach of Employment Arrangement Contract — Words and Phrases — Contractual interpretation — The actual definition of “Floral Design Training Course” — Construction of terms which consistent with business common sense — Whether the alleged training worth the compensation amount — Whether the compensation amount was unreasonable, exorbitant, unconscionable and/or disproportionate — Consideration on legitimate interest and proportionality in determining reasonable compensation — Recoverable liquidated damages — Section 75 of Contracts Act 1950 — Appeal allowed in part — The trial Judge’s decision set aside — Appellate intervention warranted when the trial judge is plainly wrong 1 Defamation — Case remitted to Sessions Court for reconsideration — Sessions Court is not functus officio — Defence of justification — Section 8 of the Defamation Act 1957 — Whether the essential or substantial truth of the defamatory imputations has been proven on balance of probabilities — Whether onus of proof has shifted — Failure to call material witness — Section 114(g) of the Evidence Act 1950 — Whether Sessions Court Judge failed to properly analyse the entirety of the evidence 1 Road accident — Insurance company intervened — Counterclaim for insurance fraud — Whether Plaintiff has proved its intended case as pleaded — Res ipsa loquitur — Whether there was a collision — Whether it is due to 2nd Defendant’s negligence — Inconsistent testimonies — Contradict pleading — No objective evidence of collision — Credibility of corroborating witnesses — Appellate interference — Failure to properly evaluate the totality of the evidence 1 Claim for repayment of friendly loan — Friendly loan agreement — Remittances of Funds — Pleaded defence inconsistent with evidence adduced at the trial — Authenticity of the Agreement — Allegation of forged signature — Burden of proof — Onus of proof on Defendant to prove that the signature is forged — Sections 45, 67, 73, 101, 102, 103 of the Evidence Act 1950 1 Claim for late payment interest — Dismissed on the grounds of waiver and estoppel — Defence was not pleaded — Whether court can consider ground of appeal that was not stated in the Memorandum of Appeal — Whether Plaintiff entitled to recover the late payment interest — Whether late payment interest was excessive for exceeding the rate provided for in the Moneylenders Act 1951 — Whether the late payment interest claim was an afterthought 1
Tort — Negligence — Property damage — Damage of underground optical fibre cables owned by the Plaintiff — Duty of care — Allegation on the absence of external cable marker to alert the presence of underground cables — Foreseeability — Sufficient proximity between parties — Public policy considerations — Breach of duty — Third party proceeding — Whether third party is the principal’s agent or independent contractor — Principal-agent relationship — The principal vicariously liable — Third party indemnity — Absence of indemnity clause in the contract — Contributory negligence — Whether it was pleaded — The Plaintiff found to be contributorily negligent — Damages — Measure of damages — Proof of damage — Special damages — Onus of proof lies with the one who claimed — Whether self-serving documents sufficient to prove damages 1 case
Impugned judgment — Setting aside judgment allegedly obtained by way of fraud — Claim that part of the assessed damages was allegedly premised on falsified documents — Claim that the signature was forged — Burden of proof — Fraud — Forgery — On whom the onus of proof lies in proving the fraudulent acts — Whether the burden of proof was beyond reasonable doubt or balance of probabilities — Whether the failure of the Plaintiff to discharge initial burden of proof would render the burden to be shifted to the Defendant — The importance of key witnesses testimonies in proving fraudulent acts — Section 101 and 102 of Evidence Act 1950 — No appealable error 1 case
Duty of stakeholder — Breach of Stakeholder Agreement — Right of forfeiture — Whether the earnest deposit hold on stakeholder was validly and properly forfeited — Whether the 45-days due diligence period commences upon receipt of all documents — Third party indemnity claim — Oral testimony contradicted the express terms of the Stakeholders Agreement — Variation of agreement requires valid consideration — Evidence of terms of contract reduced to form of document — Exclusion of evidence of oral agreement — Section 91 and 92 of Evidence Act 1950 — Appeal allowed — The trial Judge’s decision set aside — Appellate intervention required when the trial judge is plainly wrong in his findings 1 case
Road accident — Appeal on liability and quantum of damages — Apportionment of liability — Extent of Defendant's contributory negligence — Conflicting testimonies between witnesses — Whether there is a plain error in Sessions Court’s judgment — Apportionment of liability varied to 50:50 — Whether damages awarded appropriate — No appealable error on assessment of damages — Appeal allowed in part 1 case
Agreement for sale of property — Whether there was a concluded sale and purchase agreement — Whether the Plaintiff is entitled to specific performance — Specific enforcement of the conditional SPA — Counterclaim — Whether the Plaintiff is liable to double rental and delivery of vacant possession 1 case
Contract — Breach of Employment Arrangement Contract — Words and Phrases — Contractual interpretation — The actual definition of “Floral Design Training Course” — Construction of terms which consistent with business common sense — Whether the alleged training worth the compensation amount — Whether the compensation amount was unreasonable, exorbitant, unconscionable and/or disproportionate — Consideration on legitimate interest and proportionality in determining reasonable compensation — Recoverable liquidated damages — Section 75 of Contracts Act 1950 — Appeal allowed in part — The trial Judge’s decision set aside — Appellate intervention warranted when the trial judge is plainly wrong 1 case
Defamation — Case remitted to Sessions Court for reconsideration — Sessions Court is not functus officio — Defence of justification — Section 8 of the Defamation Act 1957 — Whether the essential or substantial truth of the defamatory imputations has been proven on balance of probabilities — Whether onus of proof has shifted — Failure to call material witness — Section 114(g) of the Evidence Act 1950 — Whether Sessions Court Judge failed to properly analyse the entirety of the evidence 1 case
Road accident — Insurance company intervened — Counterclaim for insurance fraud — Whether Plaintiff has proved its intended case as pleaded — Res ipsa loquitur — Whether there was a collision — Whether it is due to 2nd Defendant’s negligence — Inconsistent testimonies — Contradict pleading — No objective evidence of collision — Credibility of corroborating witnesses — Appellate interference — Failure to properly evaluate the totality of the evidence 1 case
Claim for repayment of friendly loan — Friendly loan agreement — Remittances of Funds — Pleaded defence inconsistent with evidence adduced at the trial — Authenticity of the Agreement — Allegation of forged signature — Burden of proof — Onus of proof on Defendant to prove that the signature is forged — Sections 45, 67, 73, 101, 102, 103 of the Evidence Act 1950 1 case
Claim for late payment interest — Dismissed on the grounds of waiver and estoppel — Defence was not pleaded — Whether court can consider ground of appeal that was not stated in the Memorandum of Appeal — Whether Plaintiff entitled to recover the late payment interest — Whether late payment interest was excessive for exceeding the rate provided for in the Moneylenders Act 1951 — Whether the late payment interest claim was an afterthought 1 case
Court Distribution
Key People & Firms
Top Judges
Cases
ba-12bncvc-15-02-2025
PENGUKUHAN NS SDN BHD v 1. ) TELEKOM MALAYSIA BERHAD 2. ) RIDZUAN BIN IBNI HAJAR
26 August 2025
MYHC
ba-12b-11-02-2025
SOO CHEONG PUI v 1. ) WONG SWEE KWOANG 2. ) LAI FOOK PING 3. ) WONG SEE MUN
6 August 2025
MYHC
ba-12b-112-10-2024
MODULAR QUEST SDN BHD v 1. ) HARIKRISHNAN A/L KANAPATHY / K.HARIKRISHNAN 2. ) MAJU CONSTRUCTION & DEVELOPMENT SDN BHD
14 July 2025
MYHC
ba-12b-115-10-2024
1. ) Mohd Aiman bin Halim 2. ) Abdul Khalib bin Abdullah v Muhammad Khairul Asyraf bin Abdullah
30 June 2025
MYHC
ba-12bncvc-35-06-2024
TAN CHEE HOE v KALIAMAH A/P SUBRAMANIAM
22 April 2025
MYHC
ba-12bncvc-44-07-2024
Marwiya Binti Miswan v Dede Resources Sdn Bhd
3 March 2025
MYHC
ba-12b-109-10-2024
GAN PEI LING v 1. ) YONG MEE LEE 2. ) Kon Ting Fei [Menuntut Sebagai Pegawai Awam Persatuan Kebajikan Inspirasi Kemanusiaan (Story Of Seed) (No. Pendaftaran: Ppm-016-10-251102016) Bagi Dan Untuk Pihaknya] 3. ) Audrey Yeoh Cheng Gin 4. ) Kon Ting Fei
2 March 2025
MYHC
ba-12b-11-02-2023
PACIFIC & ORIENT INSURANCE CO. BHD v 1. ) Mohd Aminizam bin Zainal Abidin 2. ) Azura Binti Md Nor 3. ) Ahmad Mustaqim bin Md Nor
3 February 2025
MYHC
ba-12bncvc-21-06-2023
Ramesh Sivaraj A/l Rajasingham Chelliah v Sithamparanathan a/l Nadarajah
5 January 2025
MYHC
ba-12bncc-7-06-2024
WIT INK CREATIVE SDN BHD v DK-MY PROPERTIES SDN BHD
1 January 2025
MYHC