GOH GIN HOONG KHAIRUL ASFARIDZA BIN ABDUL SAMAT

GOH GIN HOONG KHAIRUL ASFARIDZA BIN ABDUL SAMAT

The court found the plaintiff failed to demonstrate any nexus or locus standi with the defendant and failed to adduce sufficient prima facie evidence that the alleged RM100,000 loan originated from the plaintiff; the defendant's affidavits and bank statements showing funds from a third party (TY) and subsequent transfers supported dismissal. Therefore the defendant's strike-out application under Order 18 r 19(1)(b) succeeded and the plaintiff's claim was dismissed as frivolous and vexatious with costs.

Citation
JA-A52NCC-426-09/2024 (Mahkamah Sesyen)
Parties
Plaintif: Goh Gin Hoong; Defendan: Khairul Asfaridza Bin Abdul Samat
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 February 2025
Case Number
JA-A52NCC-426-09/2024 (Mahkamah Sesyen)
Procedural Posture
Guaman Sivil / Strike Out Application Under Order 18 R 19(1) KKM 2012; Decision at Sessions Court (appeal Filed to High Court)
Outcome
Defendant's strike-out application allowed; plaintiff's claim dismissed as frivolous and vexatious.
Legal Topics
Strike Out, Locus Standi, Loan Agreement, Order 18 Rule 19, Frivolous and Vexatious Claims
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Strike Out Locus Standi Loan Agreement Order 18 Rule 19 Frivolous and Vexatious Claims

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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Goh Gin Hoong

Plaintif

Khairul Asfaridza Bin Abdul Samat

Defendan

Procedural Posture

Guaman Sivil / Strike Out Application Under Order 18 R 19(1) KKM 2012; Decision at Sessions Court (appeal Filed to High Court)

Legal Issues

  1. 1 Whether the plaintiff disclosed a reasonable cause of action
  2. 2 Whether the claim is obviously unsustainable and thus subject to summary dismissal under O18 r19(1)
  3. 3 Whether the plaintiff has locus standi/nexus with the defendant to sue for the alleged loan

Ratio Decidendi

The court found the plaintiff failed to demonstrate any nexus or locus standi with the defendant and failed to adduce sufficient prima facie evidence that the alleged RM100,000 loan originated from the plaintiff; the defendant's affidavits and bank statements showing funds from a third party (TY) and subsequent transfers supported dismissal. Therefore the defendant's strike-out application under Order 18 r 19(1)(b) succeeded and the plaintiff's claim was dismissed as frivolous and vexatious with costs.

Court Disposition

Defendant's strike-out application allowed; plaintiff's claim dismissed as frivolous and vexatious.

Orders

  • Costs of RM2,000 awarded to the defendant