YEO ENG LAM INFINITY VANTAGE SDN BHD

YEO ENG LAM INFINITY VANTAGE SDN BHD

Filing Enclosure 5 (application to disqualify plaintiff's solicitors) and subsequently filing a Statement of Defence and Counter-Claim without a clear and unequivocal reservation of the right to arbitration constituted "steps in the proceedings" under s.10(1). Therefore the stay application made thereafter was disqualified and the High Court's dismissal was correct.

Citation
N-02(IM)(NCVC)-507-03/2018 (Mahkamah Rayuan)
Parties
Appellant: YEO ENG LAM; Respondent: INFINITY VANTAGE SDN BHD
Court
IM
Jurisdiction
Malaysia
Judgment Date
29 October 2018
Case Number
N-02(IM)(NCVC)-507-03/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (breach of Contract / Arbitration Clause) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Stay of Proceedings, Section 10 Arbitration Act 2005, Steps in Proceedings, Disqualification of Solicitors, Reservation of Rights
Source Language
Malay/English
Arbitration Civil Procedure Contract Law Professional Conduct (conflict of Interest) Stay of Proceedings Section 10 Arbitration Act 2005 Steps in Proceedings Disqualification of Solicitors +1 more

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Parties

YEO ENG LAM

Appellant

INFINITY VANTAGE SDN BHD

Respondent

Procedural Posture

Civil Appeal (breach of Contract / Arbitration Clause) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the defendant took "any other steps in the proceedings" within s.10(1) Arbitration Act 2005 before applying for a stay
  2. 2 Whether filing an application to disqualify the plaintiff's solicitors and filing a statement of defence and counter-claim without unequivocal reservation amounts to steps that preclude a stay
  3. 3 Whether reservation language in the defence was sufficient to preserve right to arbitration

Ratio Decidendi

Filing Enclosure 5 (application to disqualify plaintiff's solicitors) and subsequently filing a Statement of Defence and Counter-Claim without a clear and unequivocal reservation of the right to arbitration constituted "steps in the proceedings" under s.10(1). Therefore the stay application made thereafter was disqualified and the High Court's dismissal was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal unanimously dismissed
  • Costs of RM 10,000.00 to be paid by the Defendant to the Plaintiff, subject to payment of the allocatur's fee