Malaysia Case Law: Decisions & Judgments

Topic

Amendment of originating summons

Legal area

Court

9 Jul 2025

Chambers of Jesvant Singh Pacific & Orient Insurance Co. Bhd

Citation

WA-24NCC(ARB)-1-01/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-1-01/2025 (Mahkamah Tinggi)

The Court allowed the extension and the amendment because it has jurisdiction under section 37(4) of the Arbitration Act (supported by statutory and procedural powers), the delay was only 3 days caused by a solicitor's miscalculation, the respondent would not be prejudiced, and the merits ought to be heard; accordingly Enclosure 13 and Enclosure 15 were permitted with costs in the cause.
14 Dec 2021

1. ) KUA KHAI SHYUAN 2. ) HO JIEN SHIUNG 3. ) PANG CHOW HUAT EQUITIES FIRST HOLDINGS, LLC

Citation

WA-24NCC-330-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-330-08/2020 (Mahkamah Tinggi)

The court dismissed the amendment applications because plaintiffs delayed almost two months after revelation of disposal without cogent explanation, undermining bona fides; the proposed amendments would change the nature of the proceedings by introducing mandatory relief amounting to final relief (specific performance) requiring a higher threshold and were unnecessary or academic given termination of the agreements and pending arbitration; plaintiffs failed to establish a valid cause of action or satisfy the preconditions under s11 Arbitration Act 2005 and failed to show that damages would be…
13 Sept 2019

SYARIKAT T.D. SDN BHD JEKS ENGINEERING SDN BHD JEKS ENGINEERING SDN BHD SYARIKAT T.D. SDN BHD

Citation

WA-24C-13-01/2019 & WA-24C-38-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-13-01/2019 & WA-24C-38-03/2019 (Mahkamah Tinggi)

The Court held STD failed to establish any s15 CIPAA ground: AIAC's administrative conduct and appointment did not breach CIPAA or natural justice; the adjudicator considered submissions and did not go on a 'frolic' or decide issues never argued; refusal to entertain cross-contract set-offs was correct under CIPAA and s14; awarding of interest was within s25(o); no clear and unequivocal errors warranting a stay under s16 were shown. Therefore the setting aside and stay applications were dismissed and enforcement under s28 CIPAA granted.

Malaysia Case Law

Chambers of Jesvant Singh Pacific & Orient Insurance Co. Bhd

1. ) KUA KHAI SHYUAN 2. ) HO JIEN SHIUNG 3. ) PANG CHOW HUAT EQUITIES FIRST HOLDINGS, LLC

SYARIKAT T.D. SDN BHD JEKS ENGINEERING SDN BHD JEKS ENGINEERING SDN BHD SYARIKAT T.D. SDN BHD