MLJ Alerts: Nov 2025 (High Court)

" [169]  For completeness, to borrow the words of Lord Denning in British Movietonews Ld v London and District Cinemas Ld [1952] AC 166 (HL), we wish to add that it does not take a genius with the ‘foresight of a prophet’ to recognise that the change of law on the test for the doctrine of total failure of consideration, brought about following this judgment applies to these appeals and will affect all pending litigations which have yet been finally determined currently proceeding on the basis of Berjaya Times Square. In that course, however, we think that uncertainties abound and that significant unfairness may arise to the parties involved if the law were to be applied retrospectively.

- Ahmad Terrirudin FCJ

Lim Swee Choo & Anor v Ong Koh Hou @ Won Kok Fong and another appeal [2025] 6 MLJ 327 [FC]

• Chen Wei Yang (with Lee Jia Fu) (Josephine, LK Chow & Co) for the plaintiff.

• T Gunaseelan (with Kumaradevan Rajadevan) (Gunaseelan & Assoc) for the defendant.

• Manoharan Malayalam (with P Subramaniam and Sarathbala Balakrishnan) (M Manoharan & Co) for the plaintiff.

• Siti Syakimah bt Ibrahim (with Nuurzul Izzati bt Zulkipli) (Attorney General's Chamber) for the first, second and third defendants.

• Dhanaraj a/l Vasudevan (with Malar a/p Loganathan and Andrew Navin a/l Anthony John (Pupil in Chambers)) for the appellant.

• Rishwant Singh a/l Amarjeet Singh (with Nur Fathin Farrisya bt Md Noor (Pupil in Chambers)) for the respondent.

• Rueben Mathiavaranam (with him Sumita a/p Balasubramaniam) (Zaid Ibrahim Suflan TH Liew & Partners) for the plaintiff.

• David Lingam (with Deepinder Kaur a/p Tara Singh and Kamaldip Kaur a/p Santokh Singh) (David Lingam & Co) for the defendant.

• Karhti Kanthabalan (with Abigail Sarah Kumar) (PS Ranjan & Co) for the plaintiff.

• Masriwani bt Mahmud (Senior Federal Counsel, Attorney General's Chamber) for the defendants.

• Balvinder Singh Kenth (with Rishipal Singh a/l Ambar Singh) (Kenth Partnership) for the plaintiff.

• Nigel William Kraal (Cheang & Ariff) for the defendant.

• Rajendra a/l Navaratham (with Sandhya a/p Saravanan) (Azman Davidson & Co) for the third party.

• Low Eu Thuan (Cheong Wai Meng & Van Buerle) for the fourth party.

• Benjamin John Dawson (with Eileen bt Othman, Tan *** Ru and Niisha Lakshme a/p Muthuvelu Mahathavan) (Benjamin Dawson) for the plaintiff.

• V Rajadevan (with Fathin Delila bt Hamdan) (Rajadevan & Assoc) for the defendant.

• Mohd Aerie Rahman (with Raihana Nadhira bt Rafidi and Jonathan Chin Ter Yang) for the Securities Commission Malaysia.

• Choo Kian Ming (See Ramsun & Tan) for the appellant.

• Shaarmila Kanesan (M Kanesan & Assoc) for the first respondent.

• Nurul Khairiah Dahalaan (Senior Federal Counsel, Pulau Pinang Legal State Advisor's Offices) for the second respondent.

• Lim Chee Wee (with Jasper Tan, Wee Hee, Aaron Mah and Lim Xin Wei (pupil in chambers)) (Lim Chee Wee Partnership) for the plaintiff.

• David Mathews (with Joyce Pang and Koh Jo Vin) (Joyce Pang) for the eighth defendant.

• Jack Yow (with Lee Ji Kean) (Rahmat Lim & Partners) for the seventh defendant and third party.

• Norizaidah bt Abdul Salam (Zaidah Abdul Salam & Co) for the appellant.

• Nor Hamizah bt Ghazali (Deputy Public Prosecutor, Attorney General's Chambers) for the respondent.

• Self represented for the plaintiff.

• Lee Tzi Jiun (Zairina Loh & Wong) for the defendant.

• VK Dasaratharaj Pillai a/l Krishnasamy Pillai (with Aniza bt Sultan) (VK Raj & Bavani) for the plaintiff.

• S Parameswaran Subramaniam (with Thinagara Pothuval a/l Gopalakrishnan) (Arulsingam Paramjit Kaur Co) for the third defendant.