Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Cross-examination of deponents

Legal area

Court

25 Mar 2024

CHOW WENG KHEONG 1. ) WS WENG SOON ELECTRICAL SDN. BHD. 2. ) LIEW SIEW SOON 3. ) LIM PEE SAN

Citation

BA-24NCC-91-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-91-08/2023 (Mahkamah Tinggi)

Conversion application (Enclosure 34) dismissed. Although the court possesses discretion under Order 28 r8, Order 88 mandates originating summons for Companies Act matters and courts should be slow to convert; where disputes can be managed by cross-examination of deponents under Order 28 r4 and the issues are essentially document‑based, conversion is unnecessary and would not secure a more just, expeditious or economical disposal.
24 Oct 2019

MOHAMED ZAHID YON BIN MOHAMED FUAD (No. K/P: 790210-10-5695) 1. YAKUB BIN HUSSAINI (No. K/P: 730414-13-5859) 2. FAT BOYS RECORDS SDN BHD (No. Syarikat: 529600-T)

Citation

WA-24NCC-399-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-399-07/2019 (Mahkamah Tinggi)

The court held conversion of the originating summons into writ proceedings was unnecessary because Order 28 r 4 provided an adequate mechanism to order cross-examination of deponents; affidavits should not be made to stand as pleadings; Order 88 ROC applies to the Companies Act 2016 but procedural conversion would cause unnecessary delay and cost, therefore the 2nd Defendant's application was dismissed.