GAN THYE KUAN 1. ) GAN THYE JIAN 2. ) GAN THYE JOO 3. ) GAN THYE HUEI

GAN THYE KUAN 1. ) GAN THYE JIAN 2. ) GAN THYE JOO 3. ) GAN THYE HUEI

Plaintiff's action was struck out under Order 34 r 2(3) ROC because of persistent and contumelious non-compliance with PTCM directions despite multiple extensions and two unless orders, causing prejudice to Defendants and preventing the court from fixing trial; striking out was proportionate to protect timely disposal and administration of justice.

Citation
WA-22NCVC-404-07/2020 (Mahkamah Tinggi)
Parties
Plaintiff (original Action); Defendant (counterclaim): Gan Thye Kuan; 1st Defendant (original Action); Plaintiff (counterclaim): Gan Thye Jian; 2nd Defendant (original Action); Plaintiff (counterclaim): Gan Thye Joo; 3rd Defendant (original Action); Plaintiff (counterclaim): Gan Thye Huei; 4th Plaintiff (counterclaim): See Suat Tin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 September 2021
Case Number
WA-22NCVC-404-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (ncv C) Relating to Frozen Joint Bank Accounts, Trust and Counterclaim / Case Management Stage; Judgment Striking Out Plaintiff's Action for Non Compliance With PTCM Directions
Outcome
Plaintiff's action struck out for non-compliance with PTCM directions; counterclaim allowed to proceed as independent action
Legal Topics
Pre Trial Case Management, Striking Out for Non Compliance, Freezing of Bank Accounts, Trust Obligations, Mental Capacity/medical Evidence
Source Language
Malay/English
Civil Procedure Trusts Banking Law Family Law Evidence/expert Evidence Pre Trial Case Management Striking Out for Non Compliance Freezing of Bank Accounts +2 more

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Parties

Gan Thye Kuan

Plaintiff (original Action); Defendant (counterclaim)

Gan Thye Jian

1st Defendant (original Action); Plaintiff (counterclaim)

Gan Thye Joo

2nd Defendant (original Action); Plaintiff (counterclaim)

Gan Thye Huei

3rd Defendant (original Action); Plaintiff (counterclaim)

See Suat Tin

4th Plaintiff (counterclaim)

Procedural Posture

Civil Suit (ncv C) Relating to Frozen Joint Bank Accounts, Trust and Counterclaim / Case Management Stage; Judgment Striking Out Plaintiff's Action for Non Compliance With PTCM Directions

Legal Issues

  1. 1 Whether the Plaintiff's action should be struck out for non-compliance with pre-trial case management (PTCM) directions under Order 34 r 2(3) ROC
  2. 2 Whether the frozen joint bank accounts contain monies held on trust for the mother and whether the freezing was wrongful (issues raised in the counterclaim)
  3. 3 Whether medical evidence of mother's mental capacity had been properly provided as directed

Ratio Decidendi

Plaintiff's action was struck out under Order 34 r 2(3) ROC because of persistent and contumelious non-compliance with PTCM directions despite multiple extensions and two unless orders, causing prejudice to Defendants and preventing the court from fixing trial; striking out was proportionate to protect timely disposal and administration of justice.

Court Disposition

Plaintiff's action struck out for non-compliance with PTCM directions; counterclaim allowed to proceed as independent action

Orders

  • Plaintiff's action struck out for non-compliance with PTCM directions pursuant to Order 34 r 2(3) Rules of Court 2012
  • Plaintiff ordered to pay costs of RM5,000 to the Defendants