Usaha Bahagia Timber Sdn. Bhd. v Tuan Khairul Annuar Bin Tuan Yusuf (BA-22NCvC-239-06/2023)

High Court of Malaysia28 Aug 2025

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17/09/2025 14:52:13 BA-22NCvC-239-06/2023 Kand. 131

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 28 Aug 2025
Case number: BA-22NCvC-239-06/2023
Coram: YA Puan Elaine Yap Chin Gaik
Practice area: Judgment after trial – Claim for payment under an Indemnity Agreement – Counterclaim – Allegation of coercion, undue influence and misrepresentation – Allegation of criminal intimidation – Nature of the threat adduced in evidence was insufficient to establish criminal intimidation – No element of coercion established – Section 15 of the Contracts Act 1950 – Section 503 of the Penal Code (Act 574) Whether the Defendant was induced by any misrepresentation – Burden of proof – claim not substantiated on balance of probabilities – Consistency between the evidence and witness testimony – Section 18 of the Contracts Act 1950 Whether the Defendant executed the Indemnity Agreement under any undue influence – Burden of proof – No evidence of power to dominate the Defendant's free will – Section 16 of the Contracts Act 1950 Whether there was any subsequent agreement that waived the Plaintiff’s rights under the Indemnity Agreement – No waiver or variation to compromise the Plaintiff’s rights under the agreement – Defendant bounds by the terms of agreement
Version: Alasan Penghakiman 1
Published: 17 Sept 2025
Source ID: 72c8081d-2ed0-43df-8413-8820f92dda34

Catchwords

Judgment after trial – Claim for payment under an Indemnity Agreement – Counterclaim – Allegation of coercion, undue influence and misrepresentation – Allegation of criminal intimidation – Nature of the threat adduced in evidence was insufficient to establish criminal intimidation – No element of coercion established – Section 15 of the Contracts Act 1950 – Section 503 of the Penal Code (Act 574) Whether the Defendant was induced by any misrepresentation – Burden of proof – claim not substantiated on balance of probabilities – Consistency between the evidence and witness testimony – Section 18 of the Contracts Act 1950 Whether the Defendant executed the Indemnity Agreement under any undue influence – Burden of proof – No evidence of power to dominate the Defendant's free will – Section 16 of the Contracts Act 1950 Whether there was any subsequent agreement that waived the Plaintiff’s rights under the Indemnity Agreement – No waiver or variation to compromise the Plaintiff’s rights under the agreement – Defendant bounds by the terms of agreement

Parties

USAHA BAHAGIA TIMBER SDN. BHD. - plaintiff - ejudgment_parties
TUAN KHAIRUL ANNUAR BIN TUAN YUSUF - defendant - ejudgment_parties

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Catchwords