D2D BIZHUB SDN. BHD. 1. ) ALPHA FINTECH SDN. BHD. 2. ) KOH CHEE SIONG BUKAN PIHAK-PIHAK TEOH WENG BOON

D2D BIZHUB SDN. BHD. 1. ) ALPHA FINTECH SDN. BHD. 2. ) KOH CHEE SIONG BUKAN PIHAK-PIHAK TEOH WENG BOON

The counterclaim was struck out because the court had already examined and rejected the same factual and legal allegations in prior summary judgment proceedings, the counterclaim discloses no reasonable cause of action since illegality would bar recovery under the 'loss lies where it falls' doctrine, and the pleadings against additional defendants lacked necessary particularity making the counterclaim scandalous, frivolous, vexatious and an abuse of process.

Citation
WA-22NCC-641-09/2024 (Mahkamah Tinggi)
Parties
Plaintiff and 1st Defendant in Counterclaim: D2D Bizhub Sdn. Bhd.; Defendant and Plaintiff in Counterclaim: Alpha Fintech Sdn. Bhd.; Defendant and Plaintiff in Counterclaim: Koh Chee Siong; 2nd Defendant in Counterclaim: Teoh Weng Boon; 3rd Defendant in Counterclaim: Jack Lee Kim Chuan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 August 2025
Case Number
WA-22NCC-641-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (commercial Division) / Application to Strike Out Counterclaim Under Order 18 Rule 19 After Summary Judgment
Legal Topics
Striking Out (order 18 Rule 19), Illegality and 'loss Lies Where It Falls', Summary Judgment, Abuse of Process, Particularity of Pleadings, Moneylenders Act 1951
Source Language
Malay/English
Civil Procedure Contract Law Moneylending Law Restitution Judicial Review of Pleadings Striking Out (order 18 Rule 19) Illegality and 'loss Lies Where It Falls' Summary Judgment +3 more

Case Brief

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Parties

D2D Bizhub Sdn. Bhd.

Plaintiff and 1st Defendant in Counterclaim

Alpha Fintech Sdn. Bhd.

Defendant and Plaintiff in Counterclaim

Koh Chee Siong

Defendant and Plaintiff in Counterclaim

Teoh Weng Boon

2nd Defendant in Counterclaim

Jack Lee Kim Chuan

3rd Defendant in Counterclaim

Procedural Posture

Civil Suit (commercial Division) / Application to Strike Out Counterclaim Under Order 18 Rule 19 After Summary Judgment

Legal Issues

  1. 1 Whether the counterclaim discloses a reasonable cause of action
  2. 2 Whether the issues in the counterclaim were already decided in prior summary judgment
  3. 3 Whether viva voce evidence from third parties is necessary to save the counterclaim

Ratio Decidendi

The counterclaim was struck out because the court had already examined and rejected the same factual and legal allegations in prior summary judgment proceedings, the counterclaim discloses no reasonable cause of action since illegality would bar recovery under the 'loss lies where it falls' doctrine, and the pleadings against additional defendants lacked necessary particularity making the counterclaim scandalous, frivolous, vexatious and an abuse of process.