1. ) PERNIAGAAN ZHENG SHENG 2. ) KHOR HUNG HUAT 1. ) PERNIAGAAN ZHENG SHENG 2. ) YAP WAI MENG

1. ) PERNIAGAAN ZHENG SHENG 2. ) KHOR HUNG HUAT 1. ) PERNIAGAAN ZHENG SHENG 2. ) YAP WAI MENG

On balance of probabilities the court held the writ filed on 2 December 2021 was within the period covered by the emergency temporary measures and the Chief Justice's Direction which exempted compliance with statutory time limits up to 31 December 2021; therefore the strike-out application (KM9) failed and the writ...

Source-derived case information.

Citation
CA-A73KJ-345-12/2021 (Mahkamah Majistret)
Parties
Plaintiff: Perniagaan Zheng Sheng; Plaintiff: Khor Hung Huat; Defendant: Perniagaan Zheng Sheng; Defendant: Yap Wai Meng
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 June 2022
Case Number
CA-A73KJ-345-12/2021 (Mahkamah Majistret)
Procedural Posture
Civil (guaman Sivil) / Application Under Rule 18 (kandungan 9) to Strike Out Writ
Outcome
KM9 dismissed
Legal Topics
Limitation Period, Strike Out of Pleadings, Temporary Measures Act 2020, Chief Justice Directions, Extension Orders
Tort Limitation Law Civil Procedure Emergency/covid 19 Measures Court Practice/directions Limitation Period Strike Out of Pleadings Temporary Measures Act 2020 +2 more

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Parties

Perniagaan Zheng Sheng

Plaintiff

Khor Hung Huat

Plaintiff

Perniagaan Zheng Sheng

Defendant

Yap Wai Meng

Defendant

Procedural Posture

Civil (guaman Sivil) / Application Under Rule 18 (kandungan 9) to Strike Out Writ

  1. 1 Whether the action was time-barred under the Limitation Act 1953
  2. 2 Whether Temporary Measures Act 2020 and its extension orders suspended/extended limitation periods
  3. 3 Whether Chief Justice's Direction No.8/2021 exempted parties from complying with time limits for court processes

Ratio Decidendi

On balance of probabilities the court held the writ filed on 2 December 2021 was within the period covered by the emergency temporary measures and the Chief Justice's Direction which exempted compliance with statutory time limits up to 31 December 2021; therefore the strike-out application (KM9) failed and the writ and statement of claim were not set aside.

Court Disposition

KM9 dismissed

Orders

  • KM9 dismissed
  • Costs of RM500 to be paid to the plaintiff