ALTRATEC SDN BHD 1. ) THONG YOUNG KOON 2. ) THIAGU A/L NYANASELAN 3. ) CHELVEE A/P MARIMUTHOO 4. ) Tetuan Pushpalingam, Kasmani & Partners 5. ) Kasmani Bt Baharuddin 6. ) Krishnan, Puspalingam 7. ) Ragunath A/l Kesavan 8. ) PENGARAH TANAH D

ALTRATEC SDN BHD 1. ) THONG YOUNG KOON 2. ) THIAGU A/L NYANASELAN 3. ) CHELVEE A/P MARIMUTHOO 4. ) Tetuan Pushpalingam, Kasmani & Partners 5. ) Kasmani Bt Baharuddin 6. ) Krishnan, Puspalingam 7. ) Ragunath A/l Kesavan 8. ) PENGARAH TANAH D

The court found the counterclaim against the 6th Defendant inadequately pleaded and unsupported by any credible particular or evidential shred of fraud, conspiracy or cheating; the pleaded case was vague, embarrassing and 'obviously unsustainable' such that O.18 r.19 permitted summary dismissal. Accordingly Enclosure 29 (the counterclaim against the 6th Defendant) was dismissed and costs awarded.

Citation
BA-23NCvC-60-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff (main Suit): ALTRATEC SDN BHD; Defendant (vendor): THONG YOUNG KOON; Plaintiff (counterclaim): THIAGU A/L NYANASELAN; Plaintiff (counterclaim): CHELVEE A/P MARIMUTHOO; 6th Defendant (counterclaim): RAGUNATH A/L A. KESAVAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 July 2023
Case Number
BA-23NCvC-60-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil (land Dispute and Professional Conduct Counterclaim) / Interlocutory Application to Strike Out Under Order 18 R.19 Rules of Court 2012 (decision)
Outcome
Application allowed; counterclaim against the 6th Defendant (Ragunath A/L A. Kesavan) struck out
Legal Topics
Strike Out Application, Fraud and Conspiracy Allegations, Subdivision and Access Road Dispute, Solicitor Professional Conduct, Caveat
Source Language
Malay/English
Civil Procedure Property/land Law Legal Profession/professional Conduct Conveyancing Strike Out Application Fraud and Conspiracy Allegations Subdivision and Access Road Dispute Solicitor Professional Conduct +1 more

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Parties

ALTRATEC SDN BHD

Plaintiff (main Suit)

THONG YOUNG KOON

Defendant (vendor)

THIAGU A/L NYANASELAN

Plaintiff (counterclaim)

CHELVEE A/P MARIMUTHOO

Plaintiff (counterclaim)

RAGUNATH A/L A. KESAVAN

6th Defendant (counterclaim)

Procedural Posture

Civil (land Dispute and Professional Conduct Counterclaim) / Interlocutory Application to Strike Out Under Order 18 R.19 Rules of Court 2012 (decision)

Legal Issues

  1. 1 Whether the counterclaim against the 6th Defendant (solicitor) disclosed a reasonable cause of action
  2. 2 Whether allegations of fraud, conspiracy and cheating were pleaded with sufficient particulars
  3. 3 Whether the counterclaim was plain and obviously unsustainable under O.18 r.19 Rules of Court 2012

Ratio Decidendi

The court found the counterclaim against the 6th Defendant inadequately pleaded and unsupported by any credible particular or evidential shred of fraud, conspiracy or cheating; the pleaded case was vague, embarrassing and 'obviously unsustainable' such that O.18 r.19 permitted summary dismissal. Accordingly Enclosure 29 (the counterclaim against the 6th Defendant) was dismissed and costs awarded.

Court Disposition

Application allowed; counterclaim against the 6th Defendant (Ragunath A/L A. Kesavan) struck out

Orders

  • Enclosure 29 (counterclaim against 6th Defendant) dismissed
  • Costs awarded to 6th Defendant in the sum of RM5000.00 (subject to fi alokatur/taxation)