1. ) Anjur Ekar Sdn Bhd 2. ) WCM Oil & Gas Sdn Bhd 1. ) AMS Engineering Sdn Bhd 2. ) Mohd Shah bin Hashim

1. ) Anjur Ekar Sdn Bhd 2. ) WCM Oil & Gas Sdn Bhd 1. ) AMS Engineering Sdn Bhd 2. ) Mohd Shah bin Hashim

The application to file the additional affidavit (Lampiran 118) was dismissed because it was filed without prior leave after the related motion had been fixed for decision, constituted an afterthought, introduced new issues (including res judicata) not raised in the original Notice of Motion and would prejudice the Plaintiffs; accordingly the application lacked merit and was dismissed with costs.

Citation
CA-22NCC-12-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff (original): ANJUR EKAR SDN BHD; Plaintiff (original): WCM OIL & GAS SDN BHD; Defendant (original): AMS ENGINEERING SDN BHD; Defendant (original) / Plaintiff (counterclaim): MOHD SHAH BIN HASHIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 March 2023
Case Number
CA-22NCC-12-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Claim With Counterclaim (guaman Sivil) / Interlocutory Application for Extension to File Further Affidavit Dismissed
Outcome
Defendant's Notice of Application (Lampiran 118) dismissed with costs.
Legal Topics
Application for Extension of Time, Filing of Affidavits, Res Judicata, Afterthought Filings, Costs
Source Language
Malay/English
Civil Procedure Evidence Application for Extension of Time Filing of Affidavits Res Judicata Afterthought Filings Costs

Case Brief

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Parties

ANJUR EKAR SDN BHD

Plaintiff (original)

WCM OIL & GAS SDN BHD

Plaintiff (original)

AMS ENGINEERING SDN BHD

Defendant (original)

MOHD SHAH BIN HASHIM

Defendant (original) / Plaintiff (counterclaim)

Procedural Posture

Civil Claim With Counterclaim (guaman Sivil) / Interlocutory Application for Extension to File Further Affidavit Dismissed

Legal Issues

  1. 1 Whether leave should be granted to file an additional affidavit after the related Notice of Motion hearing
  2. 2 Whether the additional affidavit raised new issues (res judicata) not pleaded in the original Notice of Motion
  3. 3 Whether the filing amounted to an afterthought and was prejudicial to the opposing party

Ratio Decidendi

The application to file the additional affidavit (Lampiran 118) was dismissed because it was filed without prior leave after the related motion had been fixed for decision, constituted an afterthought, introduced new issues (including res judicata) not raised in the original Notice of Motion and would prejudice the Plaintiffs; accordingly the application lacked merit and was dismissed with costs.

Court Disposition

Defendant's Notice of Application (Lampiran 118) dismissed with costs.

Orders

  • Lampiran 118 dismissed with costs
  • No leave granted to file the additional affidavit sworn by Wong Weng Foo dated 23 February 2023