30 May 2022
RI-YAZ HOTELS AND RESORTS SDN BHD DYNAMICS CAPITAL SDN BHD
- Citation
- KA-22NCvC-69-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-69-06/2018 (Mahkamah Tinggi)
Defendant repeatedly failed to comply with pre-trial directions to file witness statements without reasonable justification; under the discretionary power in Order 34 r2(3) the court struck out the Defendant's defence and counterclaim and entered judgment for the Plaintiff; Defendant's reliance on arbitration was rejected because it had taken steps in the court proceedings and did not seek a stay under s10, making arbitration an afterthought.