LOW HOCK JOO CHEAH KIAN GIAP

LOW HOCK JOO CHEAH KIAN GIAP

The court held that the claims made by the appellant against the respondent constituted joinder of parties rather than a counterclaim properly brought under Order 15 r3 because the reliefs sought were not sufficiently connected to the principal claim; therefore leave of court was required under Order 15 r4 and absent such leave the inclusion was procedurally improper. The Sessions Court's decision to allow the respondent's application to strike out the counterclaim was correct and the appeal was dismissed with costs.

Citation
BA-12ANCvC-4-03/2023 (Mahkamah Tinggi)
Parties
Appellant (perayu): Low Hock Joo; Respondent (responden): Cheah Kian Giap; Original Plaintiff (plaintif): Tenaga Nasional Berhad; Third Named Defendant (defendan Ketiga): Chong Kok Ming
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 July 2024
Case Number
BA-12ANCvC-4-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Interlocutory Appeal Against Order Striking Out Counterclaim
Outcome
Appeal dismissed with costs; Sessions Court order allowing respondent's application (Content 34) to strike out the counterclaim upheld
Legal Topics
Counterclaim Against Additional Parties, Order 15 Rule 3, Order 15 Rule 4, Joinder Vs Counterclaim, Amendment of Defence
Source Language
Malay/English
Civil Procedure Joinder of Parties Contract Practice and Procedure Counterclaim Against Additional Parties Order 15 Rule 3 Order 15 Rule 4 Joinder Vs Counterclaim +1 more

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Parties

Low Hock Joo

Appellant (perayu)

Cheah Kian Giap

Respondent (responden)

Tenaga Nasional Berhad

Original Plaintiff (plaintif)

Chong Kok Ming

Third Named Defendant (defendan Ketiga)

Procedural Posture

Civil Appeal From Sessions Court / Interlocutory Appeal Against Order Striking Out Counterclaim

Legal Issues

  1. 1 Whether appellant properly included respondent as second defendant by way of counterclaim under Order 15 r3 Rules of Court 2012
  2. 2 Whether the claims against the respondent were sufficiently connected to the principal claim to permit joinder by counterclaim
  3. 3 Whether leave of court was required under Order 15 r4 for joinder of the respondent and whether failure to obtain leave invalidated the pleading

Ratio Decidendi

The court held that the claims made by the appellant against the respondent constituted joinder of parties rather than a counterclaim properly brought under Order 15 r3 because the reliefs sought were not sufficiently connected to the principal claim; therefore leave of court was required under Order 15 r4 and absent such leave the inclusion was procedurally improper. The Sessions Court's decision to allow the respondent's application to strike out the counterclaim was correct and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs; Sessions Court order allowing respondent's application (Content 34) to strike out the counterclaim upheld

Orders

  • Appeal dismissed with costs to respondent
  • Order 34 in the Sessions Court proceedings striking out the appellant's counterclaim against the respondent is affirmed