YAP SIN MOY 1. ) CHAN YOCK CHIN 2. ) TING DOH KOH

YAP SIN MOY 1. ) CHAN YOCK CHIN 2. ) TING DOH KOH

The plaintif's statement of claim disclosed a sustainable cause of action because she was authorised by the company's memorandum to recover sale proceeds (including tax exemption amounts) and alleged fraud and conspiracy by defendants required oral evidence and trial, therefore the strike‑out application under Order 18 r.19 was dismissed.

Citation
WA-22NCVC-281-04/2019 (Mahkamah Tinggi)
Parties
Defendan Pertama/perayu: Chan Yock Chin; Plaintif/respondent: Yap Sin Moy; Defendan Kedua: Ting Doh Koh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 November 2019
Case Number
WA-22NCVC-281-04/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From High Court (commercial Dispute/company Sale of Assets) / Application to Strike Out Under Order 18 R.19 Rules of Court 2012 at Interlocutory Stage; Appeal Against Refusal
Outcome
Application by Defendan Pertama to strike out writ and statement of claim dismissed
Legal Topics
Locus Standi, Derivative Action, Fraud on the Minority, Summary Dismissal Under Order 18 R19, Director's Duties, Enforcement of Contractual Sale Proceeds
Source Language
Malay/English
Civil Litigation Company Law Contract Law Equity (derivative Actions) Fraud Locus Standi Derivative Action Fraud on the Minority +3 more

Case Brief

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Chan Yock Chin

Defendan Pertama/perayu

Yap Sin Moy

Plaintif/respondent

Ting Doh Koh

Defendan Kedua

Procedural Posture

Civil Appeal From High Court (commercial Dispute/company Sale of Assets) / Application to Strike Out Under Order 18 R.19 Rules of Court 2012 at Interlocutory Stage; Appeal Against Refusal

Legal Issues

  1. 1 Whether the plaintiff has locus standi to sue given machines belonged to the company and claim is derivative
  2. 2 Whether the writ and statement disclose an obviously unsustainable cause of action under Order 18 r.19
  3. 3 Whether the plaintiff was authorised by the company memorandum to collect and remit sale proceeds including tax exemption amounts

Ratio Decidendi

The plaintif's statement of claim disclosed a sustainable cause of action because she was authorised by the company's memorandum to recover sale proceeds (including tax exemption amounts) and alleged fraud and conspiracy by defendants required oral evidence and trial, therefore the strike‑out application under Order 18 r.19 was dismissed.

Court Disposition

Application by Defendan Pertama to strike out writ and statement of claim dismissed

Orders

  • Application to strike out dismissed
  • Costs of RM 5000 awarded to plaintiff, subject to taxation