OMVIKKNESH A/L RAMAN KESAS SDN BHD

OMVIKKNESH A/L RAMAN KESAS SDN BHD

The High Court held the Sessions Court correctly dismissed the originating summons because the originating process failed to comply with mandatory intitulement and discovery preconditions under Rules of Court 2012 (Orders 7 and 24), the non-compliance was not merely technical and Order 1A could not cure the omission; accordingly the appeal was dismissed and costs awarded to the respondent.

Citation
BA-12B-44-04/2024 (Mahkamah Tinggi)
Parties
Appellant Plaintiff: Omvikknesh a/l Raman; Respondent Defendant: KESAS Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 July 2024
Case Number
BA-12B-44-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appellate Decision on Appeal From Sessions Court
Outcome
Appeal dismissed; Sessions Court judgment affirmed.
Legal Topics
Originating Summons, Order 24 Discovery, Order 7 Intitulement Requirements, Order 1 a Judicial Discretion, Pre Action Discovery (norwich Pharmacal), Costs
Source Language
Malay/English
Civil Procedure Discovery and Disclosure Evidence Road Traffic Accidents Originating Summons Order 24 Discovery Order 7 Intitulement Requirements Order 1 a Judicial Discretion +2 more

Case Brief

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Parties

Omvikknesh a/l Raman

Appellant Plaintiff

KESAS Sdn Bhd

Respondent Defendant

Procedural Posture

Civil Appeal / High Court Appellate Decision on Appeal From Sessions Court

Legal Issues

  1. 1 Whether the originating summons complied with Rules of Court 2012 Order 7 and Order 24 requirements
  2. 2 Whether Order 1A can cure the failure to state mandatory intitulement and to obtain an order under O.24 r.3 before O.24 r.7 or r.7A
  3. 3 Whether the Sessions Court erred in rejecting the originating summons and rejecting the father's affidavit for lack of authority

Ratio Decidendi

The High Court held the Sessions Court correctly dismissed the originating summons because the originating process failed to comply with mandatory intitulement and discovery preconditions under Rules of Court 2012 (Orders 7 and 24), the non-compliance was not merely technical and Order 1A could not cure the omission; accordingly the appeal was dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed.

Orders

  • Appeal dismissed with costs of RM3000.00 to respondent (subject to taxation)
  • Decision of the Sessions Court dated 22 March 2024 affirmed