LEW ON @ LEW TEE YEE MOHAMMAD BIN MUHAMED AVVUU And / or all those who are claimed against, on the property that is held under the Title GRN 529187 LOT 58790, Simpang Kanan Sub District, Batu Pahat District, Johore PIHAK KETIGA 1. ) SETIAMA

LEW ON @ LEW TEE YEE MOHAMMAD BIN MUHAMED AVVUU And / or all those who are claimed against, on the property that is held under the Title GRN 529187 LOT 58790, Simpang Kanan Sub District, Batu Pahat District, Johore PIHAK KETIGA 1. ) SETIAMA

The court refused Setiamas Sdn Bhd's strike out application because the third party claim raised triable issues and was not 'obviously unsustainable'; the court allowed Batu Pahat Municipal Council's strike out application because the council had no statutory power or nexus regarding land subdivision, issuance or...

Source-derived case information.

Citation
JB-22NCVC-44-09/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Lew On @ Lew Tee Yee; Defendant: Mohammad bin Muhamed Avvuu; 1st Third Party: Setiamas Sdn Bhd; 2nd Third Party: Batu Pahat Municipal Council (Majlis Perbandaran Batu Pahat)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 January 2022
Case Number
JB-22NCVC-44-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Application to Set Aside Third Party Proceedings (strike Out)
Outcome
Application to strike out Third Party proceedings against Setiamas Sdn Bhd dismissed; application to strike out Third Party proceedings against Batu Pahat Municipal Council allowed.
Legal Topics
Third Party Proceedings, Striking Out Under Order 18 R.19, Privity of Contract, Laches/limitation, Order 16 R.4 Directions
Civil Procedure Property Law Contract Law Local Government Law Limitation Law Third Party Proceedings Striking Out Under Order 18 R.19 Privity of Contract +2 more

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Parties

Lew On @ Lew Tee Yee

Plaintiff

Mohammad bin Muhamed Avvuu

Defendant

Setiamas Sdn Bhd

1st Third Party

Batu Pahat Municipal Council (Majlis Perbandaran Batu Pahat)

2nd Third Party

Procedural Posture

Civil Suit / Application to Set Aside Third Party Proceedings (strike Out)

Legal Issues

  1. 1 Whether doctrine of laches/limitation applies to third party claim
  2. 2 Whether Setiamas Sdn Bhd satisfied requirements for striking out under Order 18 r.19
  3. 3 Whether Batu Pahat Municipal Council satisfied requirements for striking out under Order 18 r.19

Ratio Decidendi

The court refused Setiamas Sdn Bhd's strike out application because the third party claim raised triable issues and was not 'obviously unsustainable'; the court allowed Batu Pahat Municipal Council's strike out application because the council had no statutory power or nexus regarding land subdivision, issuance or transfer of titles and thus the claim disclosed no reasonable cause of action; the court held Order 16 r.4 is permissive ('may') and failure to seek directions is not fatal; limitation did not bar the third party claim as time ran from service of the writ.

Court Disposition

Application to strike out Third Party proceedings against Setiamas Sdn Bhd dismissed; application to strike out Third Party proceedings against Batu Pahat Municipal Council allowed.

Orders

  • Application to strike out the Third Party proceedings against Setiamas Sdn Bhd (1st Third Party) is dismissed with costs.
  • Application to strike out the Third Party proceedings against Batu Pahat Municipal Council (2nd Third Party) is allowed with costs.