CHAMPION USED CAR CENTRE (NO. PENDAFTARAN PERNIAGAAN: 000780362-V 1. ) KERAJAAN MALAYSIA 2. ) KETUA POLIS DAERAH SENTUL 3. ) INSP. MOHAMAD AZRIN MADZALAN 4. ) KETUA PENGARAH PENGANGKUTAN JALAN

CHAMPION USED CAR CENTRE (NO. PENDAFTARAN PERNIAGAAN: 000780362-V 1. ) KERAJAAN MALAYSIA 2. ) KETUA POLIS DAERAH SENTUL 3. ) INSP. MOHAMAD AZRIN MADZALAN 4. ) KETUA PENGARAH PENGANGKUTAN JALAN

The originating summons failed to disclose a reasonable cause of action and was an improper mode because substantial disputes of fact arose from the seizure and ownership issues which require full trial or judicial review proceedings; the seizure was supported by statutory police powers and ongoing criminal investigation, therefore the originating summons was frivolous/abusive and was properly struck out under O.18 r.19 with costs.

Citation
WA-24NCVC-1949-09/2019 (Mahkamah Tinggi)
Parties
Applicant/plaintiff: Champion Used Car Centre (000790362-V); Respondent/defendant: Kerajaan Malaysia; Respondent/defendant: Ketua Polis Daerah Sentul; Respondent/defendant: Insp. Mohamad Azrin Madzalan; Respondent/defendant: Ketua Pengarah Pengangkutan Jalan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 September 2020
Case Number
WA-24NCVC-1949-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Originating Summons Involving Administrative Law and Seizure of Property; Related to Criminal Investigation / High Court Decision on Application to Strike Out Under O.18 R.19 Rules of Court 2012; Appeal Filed to Court of Appeal
Outcome
Application under Order 18 r.19 allowed; originating summons dismissed as disclosing no reasonable cause of action and an abuse of process
Legal Topics
Seizure of Property, Statutory Powers of Police, Mode of Proceedings (originating Summons Vs Writ), Order 18 R.19 Strike Out, Judicial Review Vs Private Action, Compliance With S413 Criminal Procedure Code
Source Language
Malay/English
Civil Procedure Administrative Law Criminal Procedure Constitutional Law Tort/damages Seizure of Property Statutory Powers of Police Mode of Proceedings (originating Summons Vs Writ) +3 more

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Parties

Champion Used Car Centre (000790362-V)

Applicant/plaintiff

Kerajaan Malaysia

Respondent/defendant

Ketua Polis Daerah Sentul

Respondent/defendant

Insp. Mohamad Azrin Madzalan

Respondent/defendant

Ketua Pengarah Pengangkutan Jalan

Respondent/defendant

Procedural Posture

Civil Originating Summons Involving Administrative Law and Seizure of Property; Related to Criminal Investigation / High Court Decision on Application to Strike Out Under O.18 R.19 Rules of Court 2012; Appeal Filed to Court of Appeal

Legal Issues

  1. 1 Whether the originating summons disclosed a reasonable cause of action
  2. 2 Whether the claim was the proper mode of proceeding or should be by writ/judicial review due to substantial disputes of fact
  3. 3 Whether the police seizure of the vehicle was lawful under statutory powers and during an ongoing criminal investigation

Ratio Decidendi

The originating summons failed to disclose a reasonable cause of action and was an improper mode because substantial disputes of fact arose from the seizure and ownership issues which require full trial or judicial review proceedings; the seizure was supported by statutory police powers and ongoing criminal investigation, therefore the originating summons was frivolous/abusive and was properly struck out under O.18 r.19 with costs.

Court Disposition

Application under Order 18 r.19 allowed; originating summons dismissed as disclosing no reasonable cause of action and an abuse of process

Orders

  • Application in Annexure 7 (Order 18 r.19) allowed
  • Originating Summons/Saman Pemula dismissed