KIAN HO BEARINGS (M) SDN. BHD. 1. ) WONG FOCK MANG 2. ) CHI YI AUTOMATION SDN. BHD. 3. ) CHIN YOKE KOON 4. ) WONG WAN YU 5. ) CHIN GEOK MOOI 6. ) KAI CHEE INDUSTRIAL SDN. BHD. 7. ) LAI MOON CHIEN 8. ) TEO CHEE BOON 9. ) CHENG HANG WEI 10. )

KIAN HO BEARINGS (M) SDN. BHD. 1. ) WONG FOCK MANG 2. ) CHI YI AUTOMATION SDN. BHD. 3. ) CHIN YOKE KOON 4. ) WONG WAN YU 5. ) CHIN GEOK MOOI 6. ) KAI CHEE INDUSTRIAL SDN. BHD. 7. ) LAI MOON CHIEN 8. ) TEO CHEE BOON 9. ) CHENG HANG WEI 10. )

The earlier Declaration only removed jurisdiction to serve third parties outside Malaysia under the Order 11 Rule 1 gateways in relation to indemnity and contribution claims; it did not preclude the Court from exercising jurisdiction under section 23(1) CJA 1964 to hear a distinct counterclaim (abuse of process and conspiracy) where at least one defendant resides in Malaysia; accordingly the application to strike out/dismiss the counterclaim for lack of jurisdiction fails.

Citation
WA-22NCC-84-02/2023 (Mahkamah Tinggi)
Parties
Plaintiff; 1st Defendant in Counterclaim: KIAN HO BEARINGS (M) SDN. BHD.; 1st Defendant: WONG FOCK MANG; 2nd Defendant: CHI YI AUTOMATION SDN BHD; 3rd Defendant: CHIN YOKE KOON; 4th Defendant: WONG WAN YU; 5th Defendant: CHIN GEOK MOOI; 6th Defendant: KAI CHEE INDUSTRIAL SDN BHD; 7th Defendant: LAI MOON CHIEN; 8th Defendant: TEO CHEE BOON; 9th Defendant: CHENG HANG WEI; 10th Defendant; Counterclaim Plaintiff: KOH HAI YANG; 2nd Defendant in Counterclaim: TEO TENG BENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 December 2024
Case Number
WA-22NCC-84-02/2023 (Mahkamah Tinggi)
Procedural Posture
High Court Commercial Suit (commercial Division) / Judgment on Interlocutory Application (enclosure 122)
Outcome
Application under Enclosure 122 by Teo Teng Beng dismissed with costs
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Abuse of Process, Counterclaim, Indemnity and Contribution, Third Party Notice
Source Language
Malay/English
Civil Procedure Commercial Law Tort Jurisdiction Service Out of Jurisdiction Abuse of Process Counterclaim Indemnity and Contribution +1 more

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Parties

KIAN HO BEARINGS (M) SDN. BHD.

Plaintiff; 1st Defendant in Counterclaim

WONG FOCK MANG

1st Defendant

CHI YI AUTOMATION SDN BHD

2nd Defendant

CHIN YOKE KOON

3rd Defendant

WONG WAN YU

4th Defendant

CHIN GEOK MOOI

5th Defendant

KAI CHEE INDUSTRIAL SDN BHD

6th Defendant

LAI MOON CHIEN

7th Defendant

TEO CHEE BOON

8th Defendant

CHENG HANG WEI

9th Defendant

KOH HAI YANG

10th Defendant; Counterclaim Plaintiff

TEO TENG BENG

2nd Defendant in Counterclaim

Procedural Posture

High Court Commercial Suit (commercial Division) / Judgment on Interlocutory Application (enclosure 122)

Legal Issues

  1. 1 Whether previous declaration that Court had no jurisdiction over third parties for claims of indemnity and contribution precluded Court's jurisdiction to hear a subsequently filed counterclaim by a different party
  2. 2 Whether the subject matter of the counterclaim is the same as the subject matter of the Third Parties Notice
  3. 3 Whether the Court has jurisdiction under section 23(1) CJA 1964 to try the counterclaim

Ratio Decidendi

The earlier Declaration only removed jurisdiction to serve third parties outside Malaysia under the Order 11 Rule 1 gateways in relation to indemnity and contribution claims; it did not preclude the Court from exercising jurisdiction under section 23(1) CJA 1964 to hear a distinct counterclaim (abuse of process and conspiracy) where at least one defendant resides in Malaysia; accordingly the application to strike out/dismiss the counterclaim for lack of jurisdiction fails.

Court Disposition

Application under Enclosure 122 by Teo Teng Beng dismissed with costs

Orders

  • Enclosure 122 dismissed with costs