1. ) SRI THARAN A/L GANESAN (NO. K/P : 690630-10-59920 2. ) VANITHA A/P SIVA SUBRAMANIAM (NO. K/P : 690630-10-5992) KNIGHT CAPITAL SENDIRIAN BERHAD (NO. SYARIKAT : 203673-U)

1. ) SRI THARAN A/L GANESAN (NO. K/P : 690630-10-59920 2. ) VANITHA A/P SIVA SUBRAMANIAM (NO. K/P : 690630-10-5992) KNIGHT CAPITAL SENDIRIAN BERHAD (NO. SYARIKAT : 203673-U)

The court granted the defendant's Order 18 r.19 application because the plaintiffs had failed to obtain the required sanction to proceed after the plaintiff company was wound up, had failed to comply with the consent judgment obligation to pay RM190,000 by the stipulated date, the defendant had complied with the consent judgment by providing notice of withdrawal of the caveat making the caveat issue academic, and the plaintiffs' action amounted to an abuse of process/res judicata; accordingly the writ and statement of claim were struck out with costs.

Citation
WA-22NCVC-579-09/2020 (Mahkamah Tinggi)
Parties
Appellant Plaintiff: Sri Tharan a/l Ganesan; Appellant Plaintiff: Vanitha a/p Siva Subramaniam; Respondent Defendant: Knight Capital Sendirian Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2021
Case Number
WA-22NCVC-579-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Order 18 R.19 Striking Out Application
Outcome
Defendant's application under Order 18 r.19 allowed; writ and statement of claim struck out.
Legal Topics
Striking Out Under Order 18 R.19, Consent Judgment Enforcement, Winding Up and Sanction to Proceed, Res Judicata, Withdrawal of Caveat, Costs
Source Language
Malay/English
Civil Procedure Company Law Insolvency Contract Law Property Law Striking Out Under Order 18 R.19 Consent Judgment Enforcement Winding Up and Sanction to Proceed +3 more

Case Brief

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Parties

Sri Tharan a/l Ganesan

Appellant Plaintiff

Vanitha a/p Siva Subramaniam

Appellant Plaintiff

Knight Capital Sendirian Berhad

Respondent Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Order 18 R.19 Striking Out Application

Legal Issues

  1. 1 Whether the defendant's Order 18 r.19 application to strike out the writ and statement of claim should be allowed
  2. 2 Whether the plaintiffs required and obtained sanction/leave to continue proceedings after the company was wound up
  3. 3 Whether the plaintiffs breached the consent judgment requiring payment of RM190,000 by 31.12.2019

Ratio Decidendi

The court granted the defendant's Order 18 r.19 application because the plaintiffs had failed to obtain the required sanction to proceed after the plaintiff company was wound up, had failed to comply with the consent judgment obligation to pay RM190,000 by the stipulated date, the defendant had complied with the consent judgment by providing notice of withdrawal of the caveat making the caveat issue academic, and the plaintiffs' action amounted to an abuse of process/res judicata; accordingly the writ and statement of claim were struck out with costs.

Court Disposition

Defendant's application under Order 18 r.19 allowed; writ and statement of claim struck out.

Orders

  • Allow defendant's application in Lampiran 7 under Order 18 r.19 Kaedah-Kaedah Mahkamah 2012
  • Strike out the writ and statement of claim dated 11.9.2020