ABD HAKIM BIN MOHAD @ MOHAMAD RAMLI & 44 OTHS 1. ) SHAFTSBURY AVENUE SDN BHD 2. ) AR. LATIPAH BT ABU (ARKITEK) (telah tarik balik tindakan, di Intitulment Kand 8)

ABD HAKIM BIN MOHAD @ MOHAMAD RAMLI & 44 OTHS 1. ) SHAFTSBURY AVENUE SDN BHD 2. ) AR. LATIPAH BT ABU (ARKITEK) (telah tarik balik tindakan, di Intitulment Kand 8)

The High Court held that while representative actions are permissible, the monetary jurisdiction is assessed by individual plaintiffs’ claims; because none of the individual claims exceeded RM1,000,000 the High Court struck out the claim with liberty to file afresh in the proper forum (Sessions Court) to avoid abuse of process.

Citation
WA-22NCvC-547-08/2021 (Mahkamah Tinggi)
Parties
Plaintiff: All 45 purchasers (representative plaintiffs); 1st Defendant: Shaftsbury Avenue Sdn Bhd (formerly Shaftsbury Resources Sdn Bhd); 2nd Defendant: Ar. Latipah Bt. Abu (Architect)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 April 2022
Case Number
WA-22NCvC-547-08/2021 (Mahkamah Tinggi)
Procedural Posture
Representative Action for Liquidated Damages for Late Delivery of Residential Units / Judgment Striking Out Claim With Liberty to Refile in Proper Forum (sessions Court)
Outcome
Plaintiffs' claim struck out with liberty to file afresh in the court of proper jurisdiction (Sessions Court); pending interlocutory applications to be heard when refiled
Legal Topics
Representative Action, Jurisdiction, Monetary Jurisdiction, Liquidated Damages, Abuse of Process
Source Language
Malay/English
Civil Contract Procedure Property Commercial Representative Action Jurisdiction Monetary Jurisdiction +2 more

Case Brief

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Parties

All 45 purchasers (representative plaintiffs)

Plaintiff

Shaftsbury Avenue Sdn Bhd (formerly Shaftsbury Resources Sdn Bhd)

1st Defendant

Ar. Latipah Bt. Abu (Architect)

2nd Defendant

Procedural Posture

Representative Action for Liquidated Damages for Late Delivery of Residential Units / Judgment Striking Out Claim With Liberty to Refile in Proper Forum (sessions Court)

Legal Issues

  1. 1 Whether individual plaintiffs’ claims could be aggregated in a representative action to satisfy the High Court’s monetary jurisdiction threshold
  2. 2 Whether the High Court should retain the matter or strike out for refiling in the competent court
  3. 3 Whether striking out with liberty to refile constitutes an abuse of process or prejudices plaintiffs

Ratio Decidendi

The High Court held that while representative actions are permissible, the monetary jurisdiction is assessed by individual plaintiffs’ claims; because none of the individual claims exceeded RM1,000,000 the High Court struck out the claim with liberty to file afresh in the proper forum (Sessions Court) to avoid abuse of process.

Court Disposition

Plaintiffs' claim struck out with liberty to file afresh in the court of proper jurisdiction (Sessions Court); pending interlocutory applications to be heard when refiled

Orders

  • Plaintiffs' claim struck out
  • Liberty granted to plaintiffs to file afresh in the court of proper jurisdiction (Sessions Court)