SARENS (MALAYSIA) SDN BHD (NO. SYARIKAT: 200901040157/883303-V) 1. CAUSEWAY IRON WORKS SDN BHD (NO. SYARIKAT: 200201034012/601677-D) 2. LIM CHING SENG (NO. K/P: 820605-14-6031) 3. JEGATHISVARAN A/L MATHEVAN (NO. K/P: 870614-43-5279)

SARENS (MALAYSIA) SDN BHD (NO. SYARIKAT: 200901040157/883303-V) 1. CAUSEWAY IRON WORKS SDN BHD (NO. SYARIKAT: 200201034012/601677-D) 2. LIM CHING SENG (NO. K/P: 820605-14-6031) 3. JEGATHISVARAN A/L MATHEVAN (NO. K/P: 870614-43-5279)

The counterclaim against D2 and D3 was struck out because D1 failed to plead the constituent ingredients of conspiracy with requisite particularity (no pleaded agreement between D2/D3 and D4, no specified overt acts by D2/D3, and no pleaded actual pecuniary damage), and the allegations were merely grouped and plainly unsustainable under Order 18 r 19 ROC.

Citation
WA-22NCC-637-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff (main); Defendant (counterclaim): SARENS (MALAYSIA) SDN BHD; Defendant (main); Plaintiff (counterclaim): CAUSEWAY IRON WORKS SDN BHD; Defendant (main): LIM CHING SENG; Defendant (main); Defendant (counterclaim): JEGATHISVARAN A/L MATHEVAN; Defendant (counterclaim): DHARMENDRA KUMAR VARSHNEY; Defendant (counterclaim): HAIKAL QARDAWI WAN ABD HALIM; Unrepresented/absent Defendant; Key Alleged Co Conspirator: Joshua (unnamed former employee)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 October 2021
Case Number
WA-22NCC-637-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil / Judgment on Strike Out Applications Under Order 18 R 19 ROC (enclosure 14 and Enclosure 25) Counterclaim Against D2 and D3 Struck Out
Outcome
Enclosure 14 prayer (b) allowed; counterclaim against Lim Ching Seng and Jegathisvaran A/L Mathevan struck out; Enclosure 25 dismissed with costs; Enclosure 14 prayer (a) dismissed
Legal Topics
Conspiracy, Pleadings and Particularity, Strike Out Under Order 18 R 19 ROC, Fraud Allegations, Requirement of Actual/pecuniary Damage
Source Language
Malay/English
Civil Procedure Tort Commercial Law Contract Law Conspiracy Pleadings and Particularity Strike Out Under Order 18 R 19 ROC Fraud Allegations +1 more

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Parties

SARENS (MALAYSIA) SDN BHD

Plaintiff (main); Defendant (counterclaim)

CAUSEWAY IRON WORKS SDN BHD

Defendant (main); Plaintiff (counterclaim)

LIM CHING SENG

Defendant (main)

JEGATHISVARAN A/L MATHEVAN

Defendant (main); Defendant (counterclaim)

DHARMENDRA KUMAR VARSHNEY

Defendant (counterclaim)

HAIKAL QARDAWI WAN ABD HALIM

Defendant (counterclaim)

Joshua (unnamed former employee)

Unrepresented/absent Defendant; Key Alleged Co Conspirator

Procedural Posture

Civil / Judgment on Strike Out Applications Under Order 18 R 19 ROC (enclosure 14 and Enclosure 25) Counterclaim Against D2 and D3 Struck Out

Legal Issues

  1. 1 Whether the conspiracy counterclaim against D2 and D3 was pleaded with sufficient particularity
  2. 2 Whether the counterclaim pleaded actual/pecuniary damage required for the tort of conspiracy
  3. 3 Whether the counterclaim against D2 and D3 was obviously unsustainable such that it should be struck out under Order 18 r 19 ROC

Ratio Decidendi

The counterclaim against D2 and D3 was struck out because D1 failed to plead the constituent ingredients of conspiracy with requisite particularity (no pleaded agreement between D2/D3 and D4, no specified overt acts by D2/D3, and no pleaded actual pecuniary damage), and the allegations were merely grouped and plainly unsustainable under Order 18 r 19 ROC.

Court Disposition

Enclosure 14 prayer (b) allowed; counterclaim against Lim Ching Seng and Jegathisvaran A/L Mathevan struck out; Enclosure 25 dismissed with costs; Enclosure 14 prayer (a) dismissed

Orders

  • Enclosure 14 prayer (b) allowed: counterclaim against Lim Ching Seng (D2) and Jegathisvaran A/L Mathevan (D3) struck out
  • Enclosure 25 dismissed with costs in the cause