1. PERSATUAN KESELAMATAN PENGKULTUR-PENGKULTUR RUMPAI LAUT DMF MALAYSIA 2. CHOI SENG LANG 3. LI CHUN WA 4. DAN 3 YANG LAIN 1. RAYMOND HO KAI MIN 2. PAUL CHENG WAI KIT

1. PERSATUAN KESELAMATAN PENGKULTUR-PENGKULTUR RUMPAI LAUT DMF MALAYSIA 2. CHOI SENG LANG 3. LI CHUN WA 4. DAN 3 YANG LAIN 1. RAYMOND HO KAI MIN 2. PAUL CHENG WAI KIT

The amended statement of claim did not disclose a reasonable cause of action against the individual defendants because plaintiffs pleaded inconsistent facts (showing Dynasty Marine, not plaintiffs, as the insured), failed to plead particulars of any actionable representation or how defendants owed a duty of care to...

Source-derived case information.

Citation
22NCC-706-12/2019 (Mahkamah Tinggi)
Parties
Plaintiff: PERSATUAN KESELAMATAN PENGKULTUR-PENGKULTUR RUMPAI LAUT DMF MALAYSIA; Plaintiff: CHOI SENG LANG; Plaintiff: LI CHUN WA; Plaintiff: ANG SEOW KIM; Plaintiff: ANG BEE KUI; Plaintiff: LIM SWEE YEN; Defendant: RAYMOND HO KAI MIN; Defendant: PAUL CHENG WAI KIT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 October 2020
Case Number
22NCC-706-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Claim (shareholder/investor Dispute Involving Insurance and Alleged Negligence) / Application to Strike Out Under Order 18 Rule 19 KKM 2012; High Court Judgment on Application (strike Out)
Outcome
Application by first and second defendants allowed; amended writ and amended statement of claim dated 16 March 2020 struck out
Legal Topics
Duty of Care, Misrepresentation, Privity of Contract, Strike Out Under Order 18 R 19, Abuse of Process, Accrual of Cause of Action, Standing/locus Standi
Negligence Contract Insurance Law Civil Procedure Limitation of Actions Duty of Care Misrepresentation Privity of Contract +4 more

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Parties

PERSATUAN KESELAMATAN PENGKULTUR-PENGKULTUR RUMPAI LAUT DMF MALAYSIA

Plaintiff

CHOI SENG LANG

Plaintiff

LI CHUN WA

Plaintiff

ANG SEOW KIM

Plaintiff

ANG BEE KUI

Plaintiff

LIM SWEE YEN

Plaintiff

RAYMOND HO KAI MIN

Defendant

PAUL CHENG WAI KIT

Defendant

Procedural Posture

Civil Claim (shareholder/investor Dispute Involving Insurance and Alleged Negligence) / Application to Strike Out Under Order 18 Rule 19 KKM 2012; High Court Judgment on Application (strike Out)

  1. 1 Whether the amended statement of claim disclosed a reasonable cause of action against the individual defendants
  2. 2 Whether the pleadings were scandalous, frivolous or vexatious or an abuse of process
  3. 3 Whether there was privity of contract between plaintiffs and defendants (and the relevance of agency status)

Ratio Decidendi

The amended statement of claim did not disclose a reasonable cause of action against the individual defendants because plaintiffs pleaded inconsistent facts (showing Dynasty Marine, not plaintiffs, as the insured), failed to plead particulars of any actionable representation or how defendants owed a duty of care to plaintiffs, and the claim was premature and an abuse of process given the unresolved insurance claim; accordingly the strike-out application under Order 18 r 19 succeeded and the amended writ and statement of claim were struck out with costs.

Court Disposition

Application by first and second defendants allowed; amended writ and amended statement of claim dated 16 March 2020 struck out

Orders

  • Content 26 allowed; Writ Saman Terpinda and Amended Statement of Claim dated 16 March 2020 struck out
  • Costs to the defendants