MUHAMMAD ZAHIR SANJAY BIN ABDULLAH REELIANCE SECURITY SERVICES SDN BHD

MUHAMMAD ZAHIR SANJAY BIN ABDULLAH REELIANCE SECURITY SERVICES SDN BHD

The court upheld the lower court's order striking out the defendant's counterclaim because the defendant failed to plead material facts giving rise to a cause of action, failed to particularise or prove the claimed special damages of RM600,000, and the counterclaim thereby amounted to an abuse of process; further...

Source-derived case information.

Citation
WA-12ANCvC-225-08/2022 (Mahkamah Tinggi)
Parties
Respondent / Plaintiff: Reeliance Security Services; Appellant / Defendant: Muhammad Zahir Sanjay bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 March 2023
Case Number
WA-12ANCvC-225-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Determination (judgment on Appeal)
Outcome
Appeal dismissed
Legal Topics
Dismissal of Counterclaim, Pleading Sufficiency, Stakeholder/escrow Duties, Abuse of Process, Special Damages
Civil Procedure Equity and Trusts Contract Law Professional Negligence/lawyer Conduct Dismissal of Counterclaim Pleading Sufficiency Stakeholder/escrow Duties Abuse of Process +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Reeliance Security Services

Respondent / Plaintiff

Muhammad Zahir Sanjay bin Abdullah

Appellant / Defendant

Procedural Posture

Civil Appeal / Appeal Determination (judgment on Appeal)

Legal Issues

  1. 1 Whether the defendant's counterclaim disclosed a cause of action by pleading material facts
  2. 2 Whether the counterclaim properly particularised and proved special damages of RM600,000
  3. 3 Whether the defendant breached duties as stakeholder of the plaintiff's funds

Ratio Decidendi

The court upheld the lower court's order striking out the defendant's counterclaim because the defendant failed to plead material facts giving rise to a cause of action, failed to particularise or prove the claimed special damages of RM600,000, and the counterclaim thereby amounted to an abuse of process; further the defendant had breached duties as stakeholder. Consequently the appeal was dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order striking out the defendant's counterclaim confirmed