FINE CUT PRECISION SDN BHD 1. ) LOW SIEW CHING 2. ) LOW KAH SOON 3. ) MOU YOKE CHOO 4. ) Mou Yoke Choo (Menuntut Sebagai Penjaga Bagi Low Chinn Wen [No. Sijil Kelahiran: Cs09635/no. Kp: 120717-10-3012 5. ) Mou Yoke Choo (Menuntut Sebagai Pe

FINE CUT PRECISION SDN BHD 1. ) LOW SIEW CHING 2. ) LOW KAH SOON 3. ) MOU YOKE CHOO 4. ) Mou Yoke Choo (Menuntut Sebagai Penjaga Bagi Low Chinn Wen [No. Sijil Kelahiran: Cs09635/no. Kp: 120717-10-3012 5. ) Mou Yoke Choo (Menuntut Sebagai Pe

The court found the 3rd defendant provided multiple affidavits and disclosed information to the extent of her knowledge and resources and there was insufficient evidence of willful contumacious disobedience of court orders; because the central dispute over ownership of properties, investments and funds requires...

Source-derived case information.

Citation
BA-22NCvC-404-10/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Fine Cut Precision Sdn Bhd; 1st Defendant: Low Siew Ching; 2nd Defendant: Low Kah Soon; 3rd Defendant (sued in Personal Capacity): Mou Yoke Choo; 4th Defendant (sued as Guardian of Low Chinn Wen): Mou Yoke Choo; 5th Defendant (sued as Guardian of Low Kah Ren): Mou Yoke Choo; 6th Defendant (sued as Guardian of Low Kah Zheng): Mou Yoke Choo; 7th Defendant: Lim Choi Yong; Plaintiff (counterclaim/plaintiff in Related Action): Mou Yoke Choo
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2024
Case Number
BA-22NCvC-404-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (ownership, Trust, Mareva Injunction and Disclosure Disputes) / Interlocutory Decision on Strike‑out/unless Application; Set Down for Full Trial
Outcome
Plaintiff's application to strike out the 3rd–6th defendants' defence and counterclaim and to enter final judgment was dismissed; case set down for full trial; limited evidential bar imposed on 3rd–6th defendants.
Legal Topics
Strike Out, Unless Order, Mareva Injunction, Disclosure, Fiduciary Breach, Contempt/contumacious Conduct
Civil Procedure Trusts and Fiduciary Duties Injunctions (mareva) Disclosure and Discovery Strike Out Unless Order Mareva Injunction Disclosure +2 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 3
Sign in to unlock

Parties

Fine Cut Precision Sdn Bhd

Plaintiff

Low Siew Ching

1st Defendant

Low Kah Soon

2nd Defendant

Mou Yoke Choo

3rd Defendant (sued in Personal Capacity)

Mou Yoke Choo

4th Defendant (sued as Guardian of Low Chinn Wen)

Mou Yoke Choo

5th Defendant (sued as Guardian of Low Kah Ren)

Mou Yoke Choo

6th Defendant (sued as Guardian of Low Kah Zheng)

Lim Choi Yong

7th Defendant

Mou Yoke Choo

Plaintiff (counterclaim/plaintiff in Related Action)

Procedural Posture

Civil Suit (ownership, Trust, Mareva Injunction and Disclosure Disputes) / Interlocutory Decision on Strike‑out/unless Application; Set Down for Full Trial

Legal Issues

  1. 1 Whether the defence and counterclaim of the 3rd–6th defendants should be struck out and final judgment entered for failure to comply with Mareva/Varied Mareva/Interrogatories/unless orders
  2. 2 Whether the 3rd defendant willfully and contumaciously disobeyed court orders such that striking out and entry of final judgment is justified
  3. 3 Whether an unless order and dispensation of personal service were properly imposed or should be imposed

Ratio Decidendi

The court found the 3rd defendant provided multiple affidavits and disclosed information to the extent of her knowledge and resources and there was insufficient evidence of willful contumacious disobedience of court orders; because the central dispute over ownership of properties, investments and funds requires determination at a full trial, it would be unjust to strike out the defence and counterclaim or enter final judgment. The court therefore refused the final sanction but limited the defendants by barring them from adducing new evidence or documents relating to the Mareva, Varied Mareva and Interrogatories orders from the court's order dated 13‑12‑2024 and set the matter for full trial.

Court Disposition

Plaintiff's application to strike out the 3rd–6th defendants' defence and counterclaim and to enter final judgment was dismissed; case set down for full trial; limited evidential bar imposed on 3rd–6th defendants.

Orders

  • Application to strike out defence and counterclaim and to enter final judgment dismissed
  • 3rd–6th defendants barred from filing or adducing any new documents or evidence pertaining to the Mareva, Varied Mareva and Interrogatories Orders from the court order dated 13-12-2024