MALAYAN BANKING BERHAD WONG WEI PIN

MALAYAN BANKING BERHAD WONG WEI PIN

The counterclaim was struck out because it duplicated a pending claim in the Sessions Court on the same facts and cause of action, which the Court held to be an abuse of the process of the Court under Order 18 Rule 19 of the Rules of Court 2012.

Citation
WA-22NCvC-506-07/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Malayan Banking Berhad; Defendant: Wong Wei Pin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2022
Case Number
WA-22NCvC-506-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation Claim With Counterclaim for Misrepresentation and Fraud / Interlocutory Strike Out Applications Under Order 18 R.19 at High Court
Outcome
Plaintiff's application allowed; Defendant's application dismissed.
Legal Topics
Abuse of Process, Res Judicata, Striking Out Pleadings (o.18 R.19), Duplicity of Proceedings, Counterclaim
Source Language
Malay/English
Defamation Misrepresentation Fraud Civil Procedure Banking Law Abuse of Process Res Judicata Striking Out Pleadings (o.18 R.19) +2 more

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Parties

Malayan Banking Berhad

Plaintiff

Wong Wei Pin

Defendant

Procedural Posture

Civil Defamation Claim With Counterclaim for Misrepresentation and Fraud / Interlocutory Strike Out Applications Under Order 18 R.19 at High Court

Legal Issues

  1. 1 Whether the Defendant's counterclaim for misrepresentation and fraud discloses a reasonable cause of action
  2. 2 Whether the Defendant's counterclaim is an abuse of process because it duplicates proceedings in another forum (Sessions Court)
  3. 3 Whether the Defendant's application to strike out the Plaintiff's reply/defence is barred by res judicata

Ratio Decidendi

The counterclaim was struck out because it duplicated a pending claim in the Sessions Court on the same facts and cause of action, which the Court held to be an abuse of the process of the Court under Order 18 Rule 19 of the Rules of Court 2012.

Court Disposition

Plaintiff's application allowed; Defendant's application dismissed.

Orders

  • Defendant's counterclaim struck out for being duplicative and an abuse of process under Order 18 r.19.
  • Defendant's application to strike out the Plaintiff's reply/defence to counterclaim dismissed.