NYTREX GLOBAL SOURCES SDN BHD 1. ) DAQ WAREHOUSE SDN BHD 2. ) DAQ LOGISTICS SDN BHD

NYTREX GLOBAL SOURCES SDN BHD 1. ) DAQ WAREHOUSE SDN BHD 2. ) DAQ LOGISTICS SDN BHD

On the Plaintiff's own pleadings the loss arose from storage for which D1 was responsible; the Statement of Claim contains no pleaded duty, breach or causation against D2 and invoices/payments do not establish liability; no pleaded facts justify piercing the corporate veil; therefore the claim against D2 discloses no reasonable cause of action and is struck out under Order 18 Rule 19.

Citation
BA-22NCC-39-03/2025 (Mahkamah Tinggi)
Parties
Plaintiff: NYTREX GLOBAL SOURCES SDN BHD; 1st Defendant: DAQ WAREHOUSE SDN BHD; 2nd Defendant: DAQ LOGISTICS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2025
Case Number
BA-22NCC-39-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil / Interlocutory Strike Out Application Under Order 18 Rule 19 Decided at High Court
Outcome
2nd Defendant's application allowed; Plaintiff's claim against 2nd Defendant struck out
Legal Topics
Strike Out Under Order 18 Rule 19, Piercing the Corporate Veil, Bailment, Negligence, Logistics and Warehousing Liability
Source Language
Malay/English
Civil Procedure Contract Law Tort Company Law Strike Out Under Order 18 Rule 19 Piercing the Corporate Veil Bailment Negligence +1 more

Case Brief

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Parties

NYTREX GLOBAL SOURCES SDN BHD

Plaintiff

DAQ WAREHOUSE SDN BHD

1st Defendant

DAQ LOGISTICS SDN BHD

2nd Defendant

Procedural Posture

Civil / Interlocutory Strike Out Application Under Order 18 Rule 19 Decided at High Court

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action against the 2nd Defendant
  2. 2 Whether the 2nd Defendant owed a duty of care or assumed responsibility for storage/safekeeping of goods
  3. 3 Whether invoicing and receipt of payment establish contractual or tortious liability

Ratio Decidendi

On the Plaintiff's own pleadings the loss arose from storage for which D1 was responsible; the Statement of Claim contains no pleaded duty, breach or causation against D2 and invoices/payments do not establish liability; no pleaded facts justify piercing the corporate veil; therefore the claim against D2 discloses no reasonable cause of action and is struck out under Order 18 Rule 19.

Court Disposition

2nd Defendant's application allowed; Plaintiff's claim against 2nd Defendant struck out

Orders

  • 2nd Defendant's application under Order 18 Rule 19 allowed
  • Plaintiff's claim against DAQ Logistics Sdn Bhd (2nd Defendant) struck out