31 May 2021
PERKASA SUTERA SDN BHD KERAJAAN MALAYSIA & JKR MALAYSIA
- Citation
- WA-21C-4-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21C-4-04/2019 (Mahkamah Tinggi)
Application to discontinue with liberty to refile was allowed because the application was made before the hearing commenced and before the arbitrator had ruled on admissibility of the additional documents; the plaintiff remained dominus litis; the defendants failed to demonstrate any substantive prejudice beyond a tactical procedural advantage; in the interests of substantive justice the plaintiff may refile but subject to costs and conditions.