Conweld Engineering Sdn Bhd 1. ) Low Terk Chen 2. ) Low Man Fook 3. ) NG WAM WOOI PIHAK KETIGA 1. ) Goh Swee Boh @ Goh Cheng Kin 2. ) Goh Tze Chien PIHAK TERKILAN GOH TZE CHIEN

Conweld Engineering Sdn Bhd 1. ) Low Terk Chen 2. ) Low Man Fook 3. ) NG WAM WOOI PIHAK KETIGA 1. ) Goh Swee Boh @ Goh Cheng Kin 2. ) Goh Tze Chien PIHAK TERKILAN GOH TZE CHIEN

The court exercised its discretion to set aside the striking out order and reinstate the suit because the plaintiff provided an honest and genuine explanation for the delay, demonstrated sincere efforts to obtain and retain representation and committed to comply with future directions; the derivative nature of the...

Source-derived case information.

Citation
WA-22NCC-108-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff: CONWELD ENGINEERING SDN BHD; Defendant: LOW TERK CHEN; Defendant: LOW MAN FOOK; Defendant: NG WAN WOOI; Third Party: GOH SWEE BOH @ GOH CHENG KIN; Third Party: GOH TZE CHIEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2024
Case Number
WA-22NCC-108-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (commercial Division) Derivative Action / Reinstatement Application Following Striking Out for Non Compliance With Pre Trial Case Management Directions; Matter to Be Fixed for Case Management
Outcome
Striking Out Orders dated 5.2.2024 set aside; suit reinstated; matter to be fixed for case management forthwith
Legal Topics
Striking Out, Reinstatement, Pre Trial Case Management, Leave to Commence Derivative Action, Costs
Civil Procedure Company Law Commercial Litigation Fiduciary Duties Striking Out Reinstatement Pre Trial Case Management Leave to Commence Derivative Action +1 more

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Parties

CONWELD ENGINEERING SDN BHD

Plaintiff

LOW TERK CHEN

Defendant

LOW MAN FOOK

Defendant

NG WAN WOOI

Defendant

GOH SWEE BOH @ GOH CHENG KIN

Third Party

GOH TZE CHIEN

Third Party

Procedural Posture

Civil Suit (commercial Division) Derivative Action / Reinstatement Application Following Striking Out for Non Compliance With Pre Trial Case Management Directions; Matter to Be Fixed for Case Management

Legal Issues

  1. 1 Whether to set aside striking out order for non-compliance with pre-trial case management directions and reinstate the suit
  2. 2 Whether the plaintiff's reasons for delay justify exercise of the court's discretion to reinstate
  3. 3 Whether delay should be addressed by costs rather than continuing the striking out

Ratio Decidendi

The court exercised its discretion to set aside the striking out order and reinstate the suit because the plaintiff provided an honest and genuine explanation for the delay, demonstrated sincere efforts to obtain and retain representation and committed to comply with future directions; the derivative nature of the action and previously granted and affirmed leave weighed in favour of allowing the plaintiff its day in court, with delay to be remedied by costs if appropriate.

Court Disposition

Striking Out Orders dated 5.2.2024 set aside; suit reinstated; matter to be fixed for case management forthwith

Orders

  • Striking Out Orders dated 5.2.2024 set aside
  • Plaintiff's suit reinstated