1. ) TAN SOOH MOI 2. ) KONG SIAN KWEE MENUNTUT SEBAGAI WAKIL SAH BAGI SI MATI BERNAMA KONG HENG HOE LIM GAN LEE

1. ) TAN SOOH MOI 2. ) KONG SIAN KWEE MENUNTUT SEBAGAI WAKIL SAH BAGI SI MATI BERNAMA KONG HENG HOE LIM GAN LEE

The court allowed the Defendant's striking out applications because the 2nd Plaintiff's affidavit was defective and inadmissible; the High Court filing was an abuse of process given subordinate courts had proper monetary jurisdiction and plaintiffs gave no cogent reason to proceed in High Court; the two claims could not be joined because they arose from distinct contracts with no common transaction; both contracts were unlicensed moneylending agreements and therefore illegal and unenforceable; both causes of action accrued more than six years before filing and are time-barred; and the 2nd Plaintiff lacked locus standi at filing because Grant of Probate was not obtained and no special...

Citation
JA-22NCvC-41-03/2021 (Mahkamah Tinggi)
Parties
1st Plaintiff: TAN SOOH MOI; 2nd Plaintiff (as Representative/administrator of Deceased): KONG SIAN KWEE; Defendant: LIM GAN LEE
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 June 2022
Case Number
JA-22NCvC-41-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Debt/contract and Property Dispute With Interlocutory Striking Out Applications / Interlocutory Application to Strike Out Under O.18 R.19 of the Rules of Court
Outcome
Defendant's applications to strike out allowed; Plaintiffs' Amended Statement of Claim struck out as plainly and obviously unsustainable
Legal Topics
Striking Out, Forum Non Conveniens, Illegality of Contract, Statutory Moneylending, Limitation, Locus Standi, Joinder of Parties, Affidavit Formalities
Source Language
Malay/English
Civil Procedure Contract Law Moneylenders Law Limitation Law Probate and Administration Property/land Law Striking Out Forum Non Conveniens +6 more

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Parties

TAN SOOH MOI

1st Plaintiff

KONG SIAN KWEE

2nd Plaintiff (as Representative/administrator of Deceased)

LIM GAN LEE

Defendant

Procedural Posture

Civil Debt/contract and Property Dispute With Interlocutory Striking Out Applications / Interlocutory Application to Strike Out Under O.18 R.19 of the Rules of Court

Legal Issues

  1. 1 Validity of 2nd Plaintiff's affidavit
  2. 2 Whether High Court is proper forum (forum non conveniens/subordinate courts' monetary jurisdiction)
  3. 3 Whether two plaintiffs' claims may be joined in one suit

Ratio Decidendi

The court allowed the Defendant's striking out applications because the 2nd Plaintiff's affidavit was defective and inadmissible; the High Court filing was an abuse of process given subordinate courts had proper monetary jurisdiction and plaintiffs gave no cogent reason to proceed in High Court; the two claims could not be joined because they arose from distinct contracts with no common transaction; both contracts were unlicensed moneylending agreements and therefore illegal and unenforceable; both causes of action accrued more than six years before filing and are time-barred; and the 2nd Plaintiff lacked locus standi at filing because Grant of Probate was not obtained and no special...

Court Disposition

Defendant's applications to strike out allowed; Plaintiffs' Amended Statement of Claim struck out as plainly and obviously unsustainable

Orders

  • Defendant's applications (Enclosures 15 and 17) to strike out the 1st and 2nd Plaintiffs' claims are allowed
  • The 1st and 2nd Plaintiffs' Amended Statement of Claim is struck out