CIP GROUP SDN BHD 1. ) RENQUI DONGTAI IMPORT & EXPORT TRADE CO LTD 2. ) SITC CONTAINERS LINES MALAYSIA SDN BHD 3. ) KMTC LINE (MALAYSIA) SDN BHD 4. ) HEUNG-A (M) SDN BHD

CIP GROUP SDN BHD 1. ) RENQUI DONGTAI IMPORT & EXPORT TRADE CO LTD 2. ) SITC CONTAINERS LINES MALAYSIA SDN BHD 3. ) KMTC LINE (MALAYSIA) SDN BHD 4. ) HEUNG-A (M) SDN BHD

The court dismissed the plaintiff's strike‑out application because the procedural defects in the intervenors' affidavits were curable, the intervenors provided a reasonable explanation (overseas deponents and subsequent consular affirmation), no prejudice to the plaintiff was shown, and the court exercised its discretion under Order 32 r 13(2)(d), Order 1A and inherent jurisdiction (Order 92 r 4) to resolve the matter on the merits rather than on technical non‑compliance; costs awarded in the cause.

Citation
BA-22NCvC-98-03/2025 (Mahkamah Tinggi)
Parties
Plaintiff: CIP GROUP SDN. BHD.; 1st Defendant: RENQUI DONGTAI IMPORT & EXPORT TRADE CO. LTD.; 2nd Defendant: SITC CONTAINERS LINES MALAYSIA SDN. BHD.; 3rd Defendant: KMTC LINE (MALAYSIA) SDN. BHD.; 4th Defendant: HEUNGA-A (M) SDN. BHD.; Proposed Intervener: KOREA MARINE TRANSPORT CO. LTD.; Proposed Intervener: HEUNG A LINE CO. LTD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2025
Case Number
BA-22NCvC-98-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Application to Intervene / Strike Out Affidavits / Interlocutory; Decision on Applications (grounds of Judgment)
Outcome
Plaintiff's application to strike out affidavits (Enclosures 97 and 99) dismissed
Legal Topics
Intervention, Affidavit Formalities, Injunction, Conversion, Negligence, Costs
Source Language
Malay/English
Civil Procedure Maritime Law Contract Tort Intervention Affidavit Formalities Injunction Conversion +2 more

Case Brief

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Parties

CIP GROUP SDN. BHD.

Plaintiff

RENQUI DONGTAI IMPORT & EXPORT TRADE CO. LTD.

1st Defendant

SITC CONTAINERS LINES MALAYSIA SDN. BHD.

2nd Defendant

KMTC LINE (MALAYSIA) SDN. BHD.

3rd Defendant

HEUNGA-A (M) SDN. BHD.

4th Defendant

KOREA MARINE TRANSPORT CO. LTD.

Proposed Intervener

HEUNG A LINE CO. LTD.

Proposed Intervener

Procedural Posture

Civil Suit Application to Intervene / Strike Out Affidavits / Interlocutory; Decision on Applications (grounds of Judgment)

Legal Issues

  1. 1 Whether the affidavits filed by or on behalf of proposed intervenors were fatally defective
  2. 2 Whether solicitor‑filed affidavits and delayed deponent affidavits could be regularised under the Rules of Court 2012
  3. 3 Whether the intervenors' application was tainted by incurable irregularities warranting striking out

Ratio Decidendi

The court dismissed the plaintiff's strike‑out application because the procedural defects in the intervenors' affidavits were curable, the intervenors provided a reasonable explanation (overseas deponents and subsequent consular affirmation), no prejudice to the plaintiff was shown, and the court exercised its discretion under Order 32 r 13(2)(d), Order 1A and inherent jurisdiction (Order 92 r 4) to resolve the matter on the merits rather than on technical non‑compliance; costs awarded in the cause.

Court Disposition

Plaintiff's application to strike out affidavits (Enclosures 97 and 99) dismissed

Orders

  • Enclosures 97 and 99 dismissed with costs in the cause