1. ) SYMPHONY ORIC DEVELOPMENT SDN BHD 2. ) Chin Jit Pyng 1. ) OPEN ROAD ASIA SDN BHD 2. ) GOH POO ENG 3. ) ROSLIZAN BIN NEKMAT

1. ) SYMPHONY ORIC DEVELOPMENT SDN BHD 2. ) Chin Jit Pyng 1. ) OPEN ROAD ASIA SDN BHD 2. ) GOH POO ENG 3. ) ROSLIZAN BIN NEKMAT

The Court exercised its discretionary power under Order 35 r.1(2) read with Order 1A of the Rules of Court 2012 to cancel the plaintiff's writ and statement of claim because plaintiff's counsel had validly withdrawn, plaintiff failed to take steps to appoint replacement counsel or comply with pre-trial obligations despite significant delay since filing, and the interests of justice and absence of prejudice to defendants justified cancellation; the Rules also permit any such judgment or order to be set aside under Order 35 r.2 on appropriate application.

Citation
BA-22NCvC-124-03/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Symphony Oric Development Sdn Bhd; Defendant / Counterclaimant: Open Road Asia Sdn Bhd; Defendant / Guarantor: Goh Poo Eng; Defendant / Guarantor: Roslizan bin Nekmat; Defendant (counterclaim): Chin Jit Pyng; Company Representative for Plaintiff (unrepresented): Sui Seng Loong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2025
Case Number
BA-22NCvC-124-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (guaman Sivil) / Judgment Cancelling Plaintiff's Claim After Failure to Be Represented at Trial
Outcome
Plaintiff's writ and statement of claim cancelled; counterclaims by guarantors (second and third defendants) cancelled; costs awarded to defendant first.
Legal Topics
Failure to Appear, Dismissal/cancellation of Claim, Setting Aside Judgment, Withdrawal of Counsel, Development Agreement, Guarantee
Source Language
Malay/English
Civil Procedure Contract Law Failure to Appear Dismissal/cancellation of Claim Setting Aside Judgment Withdrawal of Counsel Development Agreement Guarantee

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Parties

Symphony Oric Development Sdn Bhd

Plaintiff

Open Road Asia Sdn Bhd

Defendant / Counterclaimant

Goh Poo Eng

Defendant / Guarantor

Roslizan bin Nekmat

Defendant / Guarantor

Chin Jit Pyng

Defendant (counterclaim)

Sui Seng Loong

Company Representative for Plaintiff (unrepresented)

Procedural Posture

Civil Suit (guaman Sivil) / Judgment Cancelling Plaintiff's Claim After Failure to Be Represented at Trial

Legal Issues

  1. 1 Whether the Court had power to cancel the plaintiff's claim under the Rules of Court 2012 given withdrawal of counsel and failure to engage replacement counsel

Ratio Decidendi

The Court exercised its discretionary power under Order 35 r.1(2) read with Order 1A of the Rules of Court 2012 to cancel the plaintiff's writ and statement of claim because plaintiff's counsel had validly withdrawn, plaintiff failed to take steps to appoint replacement counsel or comply with pre-trial obligations despite significant delay since filing, and the interests of justice and absence of prejudice to defendants justified cancellation; the Rules also permit any such judgment or order to be set aside under Order 35 r.2 on appropriate application.

Court Disposition

Plaintiff's writ and statement of claim cancelled; counterclaims by guarantors (second and third defendants) cancelled; costs awarded to defendant first.

Orders

  • Writ of Summons and Statement of Claim cancelled
  • Counterclaim by defendant second and defendant third (Goh Poo Eng and Roslizan bin Nekmat) against the plaintiff cancelled