The Federal Court decision in Berjaya Times Square Sdn Bhd v. M Concept Sdn Bhd [2010] 1 MLJ 597 is no longer to be regarded as good law.

What a relief. It has lived long enough.

The Federal Court in Like Swee Choo & Anor v. Ong Koh Hou @ Won Kok Fong – Civil Appeal no. 02(f) -22-07/2024(W) on 2.10.2025 held that Berjaya Times Square is no longer good law.

The FC, among others, examined the test for ‘total failure of consideration’ for purposes of sec 40 Contracts Act 1950 and laid out the correct test. In doing so, the Court, took into account academic writings, and articles over the years commenting on the problems with Berjaya decision. The grounds below. Long enough for the Sunday break reading.