Remedies
54 cases · January 2018 to July 2026
Overview
Remedies appears in 54 reported Malaysia judgments (2018–2026).
In this practice area
Remedies collects the judgments in which the relief the court can grant is the decisive question — declarations, injunctions, mandatory orders and the discretionary remedies that supplement damages. The reasoning frequently arises in public-law and land contexts, where a party seeks to compel or restrain the exercise of a statutory power.
Coercive relief against public authorities is a central subject. Judgments examine mandamus and the mandatory order compelling a public authority to make a decision or perform a public duty, the requirement that a statutory duty exist before such relief is granted, and the mandatory injunction under section 44 of the Specific Relief Act 1950 directed at a public authority. The collection includes the interaction of these remedies with the appropriate mode of commencement — whether by originating summons or judicial review — where relief is sought to compel a statutory function.
Declaratory relief and injunctions form a further strand. Judgments consider declaratory orders in contract and land, the grant of interlocutory and interim injunctions, and specialised orders such as an addendum order under Order 55 rule 7 of the Rules of Court 2012 read with sections 69(2) and 69(3) of the Courts of Judicature Act 1964. In the land context, relief is sought against forfeiture for non-payment of quit rent and to compel a decision on a request for re-alienation.
The cases sit predominantly in the High Court, with a smaller number reaching the Court of Appeal and the Federal Court. As a whole the area shows how the Malaysian courts select and shape the remedy that fits the wrong — declaring rights, compelling or restraining public action, and granting discretionary relief — while confining coercive orders to the circumstances the governing statutes and settled principle allow. Any order granted is stated in the court's own terms in the judgment.
Case Volume by Year
Key Issues & Sub-Topics
Recovery of sale proceeds — Declaratory relief — Damages for misappropriation — Whether second defendant liable for aiding and abetting concealment. 1 case
Claim limited to specific sum — No claim for account or dissolution — Appropriate relief in partnership disputes 1 case
Trade mark infringement — Injunction — Delivery up — Inquiry as to damages — Whether relief can be granted summarily — Scope of summary judgment on liability only. 1 case
Declaratory Relief — Indemnity — Damages — Recovery of Expenses — Consequential Orders — Reimbursement of RM19,800 Repair Costs — Interest — Costs — Dismissal of Action. 1 case
Declaratory relief — Damages — Special, general, aggravated, exemplary damages — Consent judgment against solicitor — Settlement without admission of liability. 1 case
Specific performance — Damages in lieu — Interim preservation of subject matter — Stay granted with conditions. 1 case
Damages — Cost of reinstatement based on expert evidence — Outstanding utilities — Interest allowed only for restoration/renovation sum — Counterclaim — Security deposit — Refund allowed 1 case
Reinstatement — Structural alterations — Practical difficulty of supervision — Whether damages or costs sufficient compensation — Court’s discretion 1 case
Damages — Cost of remedial works by third party — Set-off against unpaid contract price — Quantum to be assessed separately — Interest and costs reserved for assessment 1 case
Damages — Loss and Monetary Damages — Loss of Utility — General Damages — Refund of Part Payments — Interest 1 case
Order for Discovery — Statement of Account — Transfer of documents — Rule 24 rule 3 of the Rules of Court 1 case
Key Statutes
Court Distribution
Key People & Firms
Top Judges
Top Firms
How many Remedies cases are reported in Malaysia courts?
54 reported Malaysia judgments (2018–2026) involve Remedies.
What kinds of relief does the Remedies area cover?
It covers declarations, injunctions, mandatory orders such as mandamus, and the discretionary remedies that supplement damages. Much of the reasoning arises in public-law and land contexts where a party seeks to compel or restrain the exercise of a statutory power.
How do the courts approach mandatory orders against public authorities?
The judgments require a statutory duty to exist before granting mandamus or a mandatory injunction under section 44 of the Specific Relief Act 1950, and they consider the appropriate mode of commencement for relief that compels a public function. Coercive relief is confined to the circumstances settled principle allows.
What remedies arise in the land context?
The collection includes relief against forfeiture for non-payment of quit rent and orders to compel a decision on a request for re-alienation of forfeited land, alongside declaratory orders and injunctions in contract and land disputes.