Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Case management (order 34)

Legal area

Court

21 Apr 2021

CHRISTINA CAROLINA GERARDA JOHANNA VERSTAPPEN KETUA POLIS NEGARA MALAYSIA & 3 OTHERS

Citation

WA-21NCVC-108-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCVC-108-11/2020 (Mahkamah Tinggi)

The Statement of Claim flagrantly contravened Order 18 r.7 by pleading evidence, reproducing witness excerpts and numerous irrelevant or emotive statements; this constituted an abuse of process and justified striking out the claim under the court's case management and inherent powers, while preserving the plaintiff's right to refile.
9 Dec 2020

Astana Modal (M) Sdn Bhd 1. BS Testing Laboratory Sdn Bhd 2. Ir. Arulananthan a/l A. Thamby Dorai 3. Gogula Balan a/l Chandran

Citation

BA-23NCVC -27-07/2019 (L52) (Mahkamah Tinggi)
Court

L52
Case number

BA-23NCVC -27-07/2019 (L52) (Mahkamah Tinggi)

The amendment application (Enclosure 52) was dismissed because it was made at a late stage after multiple case managements and fixation for trial, the plaintiff failed to provide material and cogent reasons for the delay, the proposed amendments would change the character and scope of the suit and cause prejudice to defendants and the court timetable that could not be adequately compensated by costs, and granting them would conflict with the court-managed objectives of Order 34.