LEE SUAN BOON & 1 LAGI SARASWATHY A/P SINNIAH

LEE SUAN BOON & 1 LAGI SARASWATHY A/P SINNIAH

The High Court held that the statement of claim pleaded sufficient particulars of conspiracy (contact between defendant and Tan Boon Dian and dates of oral notice and demand) to disclose a cause of action, that grounds under Order 18 Rule 19 may be consolidated in one application, and that non‑joinder of an alleged conspirator is not fatal; therefore the Sessions Court's dismissal of the claim for no cause of action was wrong and the appeal is allowed with remittal for full trial.

Citation
WA-12ANCVC-63-03/2020 (Mahkamah Tinggi)
Parties
Appellant; Plaintiff: Saraswathy A/P Sinniah; Respondent; Defendant: Lee Suan Boon; Respondent; Defendant: Sports Toto Malaysia Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 September 2020
Case Number
WA-12ANCVC-63-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Determination on Appeal; Remitted to Sessions Court for Full Trial
Outcome
Appeal allowed; Sessions Court order striking out claim set aside; matter remitted to Sessions Court for full trial
Legal Topics
Conspiracy, Breach of Contract, Strike Out Under Order 18 Rule 19, Pleading Sufficiency, Non‑joinder
Source Language
Malay/English
Civil Procedure Contract Tort Conspiracy Breach of Contract Strike Out Under Order 18 Rule 19 Pleading Sufficiency Non‑joinder

Case Brief

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Parties

Saraswathy A/P Sinniah

Appellant; Plaintiff

Lee Suan Boon

Respondent; Defendant

Sports Toto Malaysia Sdn Bhd

Respondent; Defendant

Procedural Posture

Civil Appeal From Sessions Court / High Court Determination on Appeal; Remitted to Sessions Court for Full Trial

Legal Issues

  1. 1 Whether all grounds under Order 18 Rule 19 can be consolidated in one application
  2. 2 Whether the statement of claim disclosed a cause of action for conspiracy given pleaded particulars (relationship between conspirators and date of agreement)
  3. 3 Whether failure to join an alleged conspirator (Tan Boon Dian) is fatal to the claim

Ratio Decidendi

The High Court held that the statement of claim pleaded sufficient particulars of conspiracy (contact between defendant and Tan Boon Dian and dates of oral notice and demand) to disclose a cause of action, that grounds under Order 18 Rule 19 may be consolidated in one application, and that non‑joinder of an alleged conspirator is not fatal; therefore the Sessions Court's dismissal of the claim for no cause of action was wrong and the appeal is allowed with remittal for full trial.

Court Disposition

Appeal allowed; Sessions Court order striking out claim set aside; matter remitted to Sessions Court for full trial

Orders

  • Appeal allowed
  • Order striking out the plaintiff's claim set aside