Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Counterclaim survival
  • 12 Dec 2022

    XXXX XXXX PIHAK KETIGA XXXX

    Citation
    WA-22NCVC-69-02/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCVC-69-02/2017 (Mahkamah Tinggi)

    Because Defendan Pertama made full payment of RM170,000 and plaintiffs agreed to re‑transfer the disputed property, the principal cause of action no longer existed; the counterclaim was interrelated and dependent on that principal claim and thus ceased to be necessary to determine; the discontinuance was bona fide and not prejudicial, therefore the discontinuance was allowed and the counterclaim struck out with nominal costs to the second defendant.