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 solicitors gave a reasonable explanation for filing the solicitors' affidavit and the deponents later properly affirmed their affidavits before a consular officer; the irregularities did not cause prejudice and were either cured or within the Court's discretion to remedy under Order 32 r 13 and Order 1A RoC 2012; accordingly the affidavits were accepted and the strike out failed.

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 Litigation Intervention / Interlocutory Application to Strike Out Affidavits (plaintiff's Enclosures 97 and 99) Dismissed
Outcome
Plaintiff's application to strike out (Enclosures 97 and 99) dismissed
Legal Topics
Intervention, Affidavit Formalities, Injunction, Conversion, Negligence, Rules of Court Compliance, Court Discretion
Source Language
Malay/English
Civil Procedure Maritime Law Contract Law Tort Law Intervention Affidavit Formalities Injunction Conversion +3 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 Litigation Intervention / Interlocutory Application to Strike Out Affidavits (plaintiff's Enclosures 97 and 99) Dismissed

Legal Issues

  1. 1 Whether the affidavits filed by proposed intervenors were defective and incurable
  2. 2 Whether solicitors may file affidavits attaching deponents' affidavits where deponents are overseas
  3. 3 Whether delay in filing affidavits breached Order 32 r 13 RoC 2012 and warranted striking out

Ratio Decidendi

The court dismissed the plaintiff's strike out application because the solicitors gave a reasonable explanation for filing the solicitors' affidavit and the deponents later properly affirmed their affidavits before a consular officer; the irregularities did not cause prejudice and were either cured or within the Court's discretion to remedy under Order 32 r 13 and Order 1A RoC 2012; accordingly the affidavits were accepted and the strike out failed.

Court Disposition

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

Orders

  • Enclosures 97 and 99 dismissed with costs in the cause