JALUR TEGAS SDN.BHD. 1. ) PESTECH TECHNOLOGY SDN. BHD. 2. ) Mohd Rizal Bin Abdul Ghani

JALUR TEGAS SDN.BHD. 1. ) PESTECH TECHNOLOGY SDN. BHD. 2. ) Mohd Rizal Bin Abdul Ghani

The court struck out the counterclaim only as against the individual director, Mohd Rizal, because the pleadings failed to allege material facts demonstrating his personal involvement or liability and the allegation appeared to be a late afterthought/abuse of process; the counterclaim against the corporate defendant (Jalur Tegas) disclosed triable issues and was not summarily unsustainable and therefore was not struck out.

Citation
BA-22NCvC-118-03/2024 (Mahkamah Tinggi)
Parties
Plaintiff / Defendant in Counterclaim: Jalur Tegas Sdn. Bhd.; Defendant / Plaintiff in Counterclaim: Pestech Technology Sdn. Bhd.; Defendant in Counterclaim / Director: Mohd Rizal bin Abdul Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2025
Case Number
BA-22NCvC-118-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial Dispute (contract and Counterclaim) / Interlocutory Application to Strike Out Pleadings Under Order 18 R.19(1)(b) & (d) Rules of Court 2012
Outcome
Application to strike out counterclaim partially allowed: counterclaim against Mohd Rizal struck out; counterclaim against Jalur Tegas maintained; costs awarded to applicants
Legal Topics
Strike Out, Abuse of Process, Director Liability, Breach of Contract, Damages, Counterclaim
Source Language
Malay/English
Contract Civil Procedure Company Law Tort Commercial Law Strike Out Abuse of Process Director Liability +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jalur Tegas Sdn. Bhd.

Plaintiff / Defendant in Counterclaim

Pestech Technology Sdn. Bhd.

Defendant / Plaintiff in Counterclaim

Mohd Rizal bin Abdul Ghani

Defendant in Counterclaim / Director

Procedural Posture

Civil Commercial Dispute (contract and Counterclaim) / Interlocutory Application to Strike Out Pleadings Under Order 18 R.19(1)(b) & (d) Rules of Court 2012

Legal Issues

  1. 1 Whether the counterclaim by Pestech should be struck out under O.18 r.19(1)(b) & (d) Rules of Court 2012
  2. 2 Whether the director, Mohd Rizal, can be personally liable for alleged conspiracy absent pleaded material facts
  3. 3 Whether the counterclaim constitutes an abuse of process or a bona fide claim raising triable issues

Ratio Decidendi

The court struck out the counterclaim only as against the individual director, Mohd Rizal, because the pleadings failed to allege material facts demonstrating his personal involvement or liability and the allegation appeared to be a late afterthought/abuse of process; the counterclaim against the corporate defendant (Jalur Tegas) disclosed triable issues and was not summarily unsustainable and therefore was not struck out.

Court Disposition

Application to strike out counterclaim partially allowed: counterclaim against Mohd Rizal struck out; counterclaim against Jalur Tegas maintained; costs awarded to applicants

Orders

  • Counterclaim against Mohd Rizal bin Abdul Ghani struck out
  • Application to strike out counterclaim against Jalur Tegas Sdn Bhd dismissed