POLYFLO SDN BHD KOH KOK QUIEE @ KOH YOK CHOW PIHAK KETIGA 1. ) POLYFLO SDN BHD ( Pertama Tuntutan Balas) 2. ) Tan Cheng Liam ( Kedua Tuntutan Balas)

POLYFLO SDN BHD KOH KOK QUIEE @ KOH YOK CHOW PIHAK KETIGA 1. ) POLYFLO SDN BHD ( Pertama Tuntutan Balas) 2. ) Tan Cheng Liam ( Kedua Tuntutan Balas)

Koh's Amended Counterclaim alleging wrongful dismissal/non‑re‑election discloses a claim that must be pursued under the Industrial Relations Act 1967 (s.20) before the Industrial Court; pursuing that remedy in the High Court is an abuse of process and therefore the Amended Counterclaim against Polyflo is plainly unsustainable and must be struck out under Order 18 Rule 19 ROC.

Citation
BA-22NCC-33-03/2023 (Mahkamah Tinggi)
Parties
Plaintiff (main Suit); 1st Defendant (counterclaim): Polyflo Sdn. Bhd.; Defendant (main Suit); Plaintiff (counterclaim): Koh Kok Quiee @ Koh Yok Chow; 2nd Defendant (counterclaim): Tan Cheng Liam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 June 2025
Case Number
BA-22NCC-33-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Suit With Counterclaim; Application to Strike Out Under Order 18 Rule 19 ROC / High Court Judgment on Strike‑out Application (grounds of Judgment)
Outcome
Amended Counterclaim against Polyflo Sdn. Bhd. struck out as an abuse of court process and for failure to disclose reasonable cause of action
Legal Topics
Striking Out Under Order 18 Rule 19 ROC, Abuse of Process, Jurisdiction of Industrial Court for Unfair Dismissal (s.20 Ira), Statutory Remedy Exclusivity, Shareholding/trust Dispute
Source Language
Malay/English
Civil Procedure Employment Law Industrial Relations Company Law Striking Out Under Order 18 Rule 19 ROC Abuse of Process Jurisdiction of Industrial Court for Unfair Dismissal (s.20 Ira) Statutory Remedy Exclusivity +1 more

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Parties

Polyflo Sdn. Bhd.

Plaintiff (main Suit); 1st Defendant (counterclaim)

Koh Kok Quiee @ Koh Yok Chow

Defendant (main Suit); Plaintiff (counterclaim)

Tan Cheng Liam

2nd Defendant (counterclaim)

Procedural Posture

Civil Suit With Counterclaim; Application to Strike Out Under Order 18 Rule 19 ROC / High Court Judgment on Strike‑out Application (grounds of Judgment)

Legal Issues

  1. 1 Whether the Amended Counterclaim discloses a reasonable cause of action against Polyflo
  2. 2 Whether claims of wrongful termination/non‑re‑election fall within exclusive statutory remedy under the Industrial Relations Act 1967 and must be pursued at the Industrial Court
  3. 3 Whether the pleadings are frivolous, vexatious or an abuse of court process warranting strike out

Ratio Decidendi

Koh's Amended Counterclaim alleging wrongful dismissal/non‑re‑election discloses a claim that must be pursued under the Industrial Relations Act 1967 (s.20) before the Industrial Court; pursuing that remedy in the High Court is an abuse of process and therefore the Amended Counterclaim against Polyflo is plainly unsustainable and must be struck out under Order 18 Rule 19 ROC.

Court Disposition

Amended Counterclaim against Polyflo Sdn. Bhd. struck out as an abuse of court process and for failure to disclose reasonable cause of action

Orders

  • Strike out the Amended Counterclaim against Polyflo Sdn. Bhd. pursuant to Order 18 Rule 19 ROC
  • Costs awarded to Polyflo Sdn. Bhd. in the sum of RM3,000 subject to the allocator fee