PIN HWA PROPERTIES SDN. BHD. G7 RETAIL MALAYSIA SDN. BHD.

PIN HWA PROPERTIES SDN. BHD. G7 RETAIL MALAYSIA SDN. BHD.

The High Court held the counterclaim raised triable issues tied to the lease and that the Sessions Court unfairly dismissed it without proper case management steps (notably without a second management hearing and without an 'unless order'); accordingly the appeal was allowed and the matter was remitted to the Sessions Court for full trial with costs to the appellant.

Citation
BL-12ANCvC-16-11/2022 (Mahkamah Tinggi)
Parties
Appellant (perayu): PIN HWA PROPERTIES SDN BHD; Respondent (respondent): G7 RETAIL MALAYSIA SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 March 2023
Case Number
BL-12ANCvC-16-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal to High Court / Judgment on Appeal (remitted to Sessions Court)
Outcome
Appeal allowed; Sessions Court decision cancelling counterclaim set aside; matter remitted for full trial
Legal Topics
Lease Termination, Counterclaim, Case Management and Strike Out, Costs
Source Language
Malay/English
Contract Landlord and Tenant Civil Procedure Lease Termination Counterclaim Case Management and Strike Out Costs

Case Brief

Summary, issues, holding and outcome

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Parties

PIN HWA PROPERTIES SDN BHD

Appellant (perayu)

G7 RETAIL MALAYSIA SDN BHD

Respondent (respondent)

Procedural Posture

Civil Appeal to High Court / Judgment on Appeal (remitted to Sessions Court)

Legal Issues

  1. 1 Whether the Sessions Court was justified in dismissing the defendant's counterclaim without a full trial for non-compliance with document filing directions under Order 34 KKM 2012
  2. 2 Whether the defendant's reliance on lease clause 15.4 to terminate with 2 months' notice was valid vis-à-vis clause 15.3
  3. 3 Whether proper case management procedure including issuance of an 'unless order' was required before dismissal

Ratio Decidendi

The High Court held the counterclaim raised triable issues tied to the lease and that the Sessions Court unfairly dismissed it without proper case management steps (notably without a second management hearing and without an 'unless order'); accordingly the appeal was allowed and the matter was remitted to the Sessions Court for full trial with costs to the appellant.

Court Disposition

Appeal allowed; Sessions Court decision cancelling counterclaim set aside; matter remitted for full trial

Orders

  • Appeal allowed
  • Counterclaim remitted to the Sessions Court for full trial on the merits