D2D BIZHUB SDN. BHD. 1. ) ALPHA FINTECH SDN. BHD. 2. ) KOH CHEE SIONG BUKAN PIHAK-PIHAK TEOH WENG BOON

D2D BIZHUB SDN. BHD. 1. ) ALPHA FINTECH SDN. BHD. 2. ) KOH CHEE SIONG BUKAN PIHAK-PIHAK TEOH WENG BOON

The counterclaim against Teoh was struck out because it disclosed no reasonable cause of action: pleadings lacked particulars tying Teoh to any conspiracy or fraud, he had no privity or direct dealings with the counterclaimants and acted only as a conduit on D2D Bizhub's instructions; the claims sought to relitigate matters already rejected in prior summary judgment, were frivolous, vexatious and an abuse of process, and therefore properly struck out under Order 18 r.19(1)(a)-(d) and the court's inherent jurisdiction (O.92 r.4).

Citation
WA-22NCC-641-09/2024 (Mahkamah Tinggi)
Parties
Plaintiff / Defendant in Counterclaim: D2D Bizhub Sdn. Bhd.; Defendant (original Claim) / Plaintiff (counterclaim): Alpha Fintech Sdn. Bhd.; Defendant (original Claim) / Plaintiff (counterclaim): Koh Chee Siong; Second Defendant in Counterclaim / Applicant: Teoh Weng Boon; Third Defendant in Counterclaim: Jack Lee Kim Chuan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 August 2025
Case Number
WA-22NCC-641-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (commercial Division) Involving Counterclaim and Strike Out Application / Interlocutory Application to Strike Out Counterclaim; Judgment on Application Delivered
Outcome
Counterclaim against Second Defendant in Counterclaim Teoh Weng Boon struck out in its entirety; costs awarded to Teoh
Legal Topics
Strike Out Under Order 18 Rule 19, Abuse of Process, Summary Judgment, Conspiracy, Illegal Moneylending, Duress
Source Language
Malay/English
Civil Procedure Commercial Law Contract Tort (conspiracy/fraud) Moneylending Regulation Strike Out Under Order 18 Rule 19 Abuse of Process Summary Judgment +3 more

Case Brief

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Parties

D2D Bizhub Sdn. Bhd.

Plaintiff / Defendant in Counterclaim

Alpha Fintech Sdn. Bhd.

Defendant (original Claim) / Plaintiff (counterclaim)

Koh Chee Siong

Defendant (original Claim) / Plaintiff (counterclaim)

Teoh Weng Boon

Second Defendant in Counterclaim / Applicant

Jack Lee Kim Chuan

Third Defendant in Counterclaim

Procedural Posture

Civil Suit (commercial Division) Involving Counterclaim and Strike Out Application / Interlocutory Application to Strike Out Counterclaim; Judgment on Application Delivered

Legal Issues

  1. 1 Whether the counterclaim against Teoh discloses a reasonable cause of action
  2. 2 Whether the counterclaim is scandalous, frivolous or vexatious
  3. 3 Whether the issues in the counterclaim were already determined by the court in earlier summary judgment proceedings

Ratio Decidendi

The counterclaim against Teoh was struck out because it disclosed no reasonable cause of action: pleadings lacked particulars tying Teoh to any conspiracy or fraud, he had no privity or direct dealings with the counterclaimants and acted only as a conduit on D2D Bizhub's instructions; the claims sought to relitigate matters already rejected in prior summary judgment, were frivolous, vexatious and an abuse of process, and therefore properly struck out under Order 18 r.19(1)(a)-(d) and the court's inherent jurisdiction (O.92 r.4).

Court Disposition

Counterclaim against Second Defendant in Counterclaim Teoh Weng Boon struck out in its entirety; costs awarded to Teoh

Orders

  • The Counterclaim filed by Alpha Fintech Sdn. Bhd. and Koh Chee Siong against the Second Defendant in Counterclaim Teoh Weng Boon is struck out in its entirety
  • The Plaintiffs in Counterclaim shall pay the Second Defendant in Counterclaim costs of this application fixed at RM3,000.00 subject to the allocatur fee