CTOS DATA SYSTEM SDN BHD V SURIATI MOHD YUSOF [2024] 9 CLJ 839 [Court of Appeal] Brief facts This case involved an internet service provider, Webe Digitial Sdn Bhd (‘Webe’) with its customer, the Plaintiff - Suriati Mohd Yusof (‘Suraiti’). On 16th April 2009, Suriati signed up a standard internet service package offered by Webe. Subsequently, Suriati requested to upgrade her internet plan with an increased monthly charge. However, Suriati had defaulted in the payment of charg

KETUA PENGARAH HASIL DALAM NEGERI MALAYSIA v. EHSAN ARMADA SDN BHD [2024] 3 CLJ 428 [Court of Appeal] Brief facts This case addresses a tax dispute involving the deductibility of an exemption sum of RM6,226,981 paid by the respondent, Ehsan Armada Sdn Bhd (‘the developer’) a property developer, to Lembaga Perumahan dan Hartanah Selangor (‘LPHS’). This was in relation to Majlis Mesyuarat Kerajaan Negeri’s (‘the State’) decision to alienate 84 acres of land (‘the project land’)

TANG AH LIK & ORS v. TAN AH BA [2025] 3 CLJ 362 (Court of Appeal) Case Digest : [1] A trustee or an executor of a will is under a duty to distribute the estate to the beneficiaries in accordance with the wishes of the testator. [2] An agreement, made by the testator subsequent to the making of the will, which purported to change the provisions of the will, must be proven to have been intended by the testator. Hence, the court ought to critically test all evidence, including o

ZEN ESTATES SDN BHD v. BADAN PENGURUSAN BERSAMA SUBANG PARKHOMES [2025] 5 CLJ 872 (Court of Appeal) Case Digest : The developer has a bounden duty to ensure that the requisite maintenance fees and sinking fund charges are billed and collected. It cannot be the intention of the law that a developer can, at its own whims and fancies, omit and write off any portion of the maintenance fees and sinking fund charges. Such an arbitrary discretion directly transgresses and is ultra v

KETUA PENGARAH HASIL DALAM NEGERI v. KIND ACTION (M) SDN BHD [2025] 4 CLJ 501 (Federal Court) Case Digest : [1] The Inland Revenue Board (IRB), under the Real Property Gains Tax Act 1976 (“RPGT Act”), ought to consider the contents of the taxpayer’s returns in order to decide whether to accept it or make adjustments, and thereafter, raise the assessment. Once the assessment is raised and assessed with the issuance of the certificate of clearance, in the absence of any appeal

TRIPLE ZEST TRADING & SUPPLIERS & ORS v. APPLIED BUSINESS TECHNOLOGIES SDN BHD [2023] 10 CLJ 187 [ Federal Court] Brief facts The first appellant, Triple Zest Trading & Suppliers (‘TZ’), had sought a loan (‘loan agreement’) from the respondent, Applied Business Technologies Sdn Bhd (‘ABT’), who agreed to a loan amount of RM800,000 (‘principal loan sum’) to be repaid with another RM800,000 as consideration (‘agreed profit’). ABT was in the business of general trading, and had

JASNI YEOP & ORS v. SAND STONE SOIL SDN BHD & ANOTHER APPEAL [2025] 1 CLJ 727 (Court of Appeal) Case Digest : The unlawful conduct of a partner may render the partnership firm vicariously liable if it falls within the scope of the partnership's business. The lack of knowledge of other partners of such unlawful conduct by one partner does not absolve the firm from vicarious liability. DISCLAIMER: THE CONTENTS HEREIN ARE INTENDED FOR GENERAL INFORMATION ONLY AND NOT TO BE CONST

MAJLIS PERBANDARAN SELAYANG v. SURESH SUBRAMANIAM [2025] 4 CLJ 667 (Federal Court) Case Digest : [1] The duty of care beholden upon a solicitor is not contingent upon him being paid for his services by the client. Therefore, even if such a service is given pro bono, that duty remains, and a breach thereof would render the solicitor liable. The solicitor must, at all material times, exercise reasonable skill and care in securing and preserving the client's interest. [2] The sa

Chin Kim Phin v. Director of Lands & Surveys, Sabah & Anor [2020] 7 AMR 271 [High Court] Brief facts The plaintiff, Chin Kim Phin (‘CKP’) was the registered owner of a parcel of land which he acquired in 1963 and which was subsequently subdivided into three (3) subdivided lots in 1974 with the same leasehold tenure as that of the original parcel i.e. 999 years from October 13, 1920 to October 12, 2919. In 2002, the said three parcels were amalgamated with six other parcels of

AIKBEE TIMBERS SDN BHD & ANOR V YII SING CHIU & ANOR AND ANOTHER APPEAL [2024] 3 CLJ 177 [Court of Appeal] The legal regime within the Strata Management Act 2013 (SMA 2013) permits a developer and/or management corporation to impose different chargeable rates for the maintenance of parcels used for significantly different purposes in a mixed development which comprises residential and commercial parcels within a subdivided building in a single development. Brief Facts This ca

FATIMAH NOORDIN v. CARSEM (M) SDN BHD & ANOR [2025] 6 CLJ 713 (Court of Appeal) Case Digest : A mutual separation agreement entered between an employer and an employee would be deemed involuntary and consequently ineffective if an employee could demonstrate, on a balance of probabilities, that the employer used a “shock and awe” strategy or other coercive tactics to compel the employee to sign the agreement without providing a reasonable period for consideration, legal advice

PENDAFTAR HAKMILIK, PEJABAT TANAH DAN GALIAN NEGERI JOHOR v. HUAN KOK SY [2025] 2 CLJ 871 (Court of Appeal) Case Digest: [1] In recognising the jurisdiction and authority vested in the Syariah Courts, it is paramount to appreciate the comprehensive legislative framework that forms the foundation of their operation. At the core of this framework is item 1 of the State List, a critical element of Malaysia's constitutional structure, which grants Parliament the authority to enac

TEOH KIANG HONG v. THEOW SAY KOW & OTHER APPEALS [2025] 2 CLJ 683 (Federal Court) Case Digest : [1] The dictionary meaning indicated a consensus that recantation is a form of retraction or withdrawal of prior testimony. As far as the Malaysian law of evidence is concerned, neither the word “recantation” nor the procedures related to it are expressly provided for in the Evidence Act 1950. While there is no established procedure for recantation of evidence in Malaysian law, the

SOFIA YUSOF (TRADING AS WARISAN PRESTASI RESOURCES) V. PV POWER ENGINEERING SDN BHD [2024] 2 CLJ 315 [High Court] An agreement through influence peddling and insider information to secure a government project is contrary to public policy. The sale of influence engenders corruption and undermines public confidence in the Government. Instead of considering the merits of each tender, the sale of influence shows a tendency to corrupt where public servants are more plausible to gi

Anas Construction Sdn Bhd v. JKP Sdn Bhd & Another Appeal [2024] 2 CLJ 665 [Federal Court] Brief facts The appellant, Anas Construction was appointed as the main contractor by the respondent, JKP for the construction and completion of a project (‘contract’). In carrying out the project, JKP engaged independent professional consultants to provide a safety report. JKP failed, neglected or refused to pay the consultants’ fees incurred by Anas Construction resulting in the matter

HANDSKAR (M) SDN BHD v. QUBE MEDICAL PRODUCTS SDN BHD & ANOR [2024] 3 CLJ 865 [high Court] Brief Facts The plaintiff, Handskar (M) Sdn Bhd (‘Handskar’) entered into an agreement to purchase gloves from the first defendant company, Qube Medical Products Sdn Bhd (‘Qube’) at the contract sum of USD7.44 million (‘supply contract’). The second defendant is and was the director of Qube (‘director’). Handskar made an upfront payment of 35% of the total contract sum to Qube, with the

Tenaga Nasional Bhd v. Transformer Repairs & Services Sdn Bhd & Ors [2024] 1 CLJ 110 [Court of Appeal] Brief facts Zanwa Sdn Bhd (‘Zanwa’) owned a piece of land which was used as a factory for its manufacturing and business operations. In 2011, the appellant/plaintiff, Tenaga Nasional Berhad (‘TNB’) entered into a contract with Zanwa where Zanwa was to supply, erect and commission two units of power transformers (‘two power transformers’) for TNB. The two power transformers w

RHB Bank Bhd v. Richland Leisure Group Sdn Bhd; Ng Seang Heng (Third Party) [2024] 2 CLJ 871 [High Court] Brief facts The plaintiff, RHB Bank (‘RHB’), is a licensed bank in Malaysia. The defendant, Richland Leisure Group (‘Richland’), is a junket operator that has been authorised by Genting Malaysia to operate a Local Group Casino Rebate Programme (‘Casino Rebate Programme’) at Genting’s casino. Under this programme, individuals are enrolled by agents like Richland to partici

JSB v. ACSB [2024] 1 CLJ 382 [Court of Appeal] Brief facts The Appellant in this case, JSB (‘JSB’) and the Respondent, ACSB (‘ACSB’) were in the preliminary stage of arbitration. The Asian International Arbitration Centre (‘AIAC’) requested both parties under r.6 of the AIAC Arbitration Rules 2018 for payment of a further deposit of the arbitrator’s fees and administrative costs, of which ACSB refused to pay. As a result, the arbitrator terminated the arbitration. JSB then fi