Malaysia Case Law: Decisions & Judgments

Topic

Discontinuance

Legal area

Court

14 Oct 2025

BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1. ) NURO DAGANGAN SDN. BHD. 2. ) MUHAMAD AZMI BIN OTHMAN 3. ) MOKHTAR BIN OTHMAN 4. ) MUHAMAD IZZAT EMIR BIN MUHAMAD AZMI 5. ) MUHAMAD IZZHAM EMIR BIN MUHAMAD AZMI

Citation

WA-22M-841-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-841-11/2022 (Mahkamah Tinggi)

Court allowed both applications: credible explanation for delay (change of solicitors and fresh review), amendments were bona fide and did not change the fundamental character of the suit, prejudice to Defendants was compensable by costs and manageable given trial months away; accordingly leave to amend granted, action discontinued as to D3 and D4, 66 documents admitted, and costs awarded to Defendants.
8 Apr 2025

AXIATA DIGITAL CAPITAL SDN BHD 1. ) WONDER 7 GLOBAL SDN BHD 2. ) KHOR BOON GUAN 3. ) GAN JOO KEE 4. ) MIRICA HOLDINGS SDN BHD 5. ) MIKAR SOLUTIONS PLT 6. ) MAK WENG WAH 7. ) MIR MAJU ENTERPREISE SDN BHD 8. ) VENCUBATOR SDN BHD 9. ) FOOD BUS

Citation

WA-22NCC-489-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-489-09/2022 (Mahkamah Tinggi)

Discontinuance was permitted but without liberty to file afresh and with costs because the suit was at an advanced stage, defendants were dominus litis, the plaintiff had obtained an interlocutory Mareva injunction conferring an advantage, the plaintiff sought to adduce late evidence without proper affidavit and blamed previous solicitors, and allowing liberty would be unfair and prejudicial to defendants.
25 Feb 2025

GOLDEN WAVE SDN BHD PENCELAH Sabah Development Bank Berhad PIHAK TERKILAN 1. ) BANK PEMBANGUNAN MALAYSIA BERHAD 2. ) VUN CHIT KHEN 3. ) RONNIE LAI TSIN LEE 4. ) Monteiro Gerard Clair 5. ) WONG KIT LEONG

Citation

WA-28JM-17-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28JM-17-05/2024 (Mahkamah Tinggi)

The judicial management application was dismissed because two secured creditors objected; the dismissal under section 409 of the Companies Act 2016 was appropriate, and no further grounds were written because the applicant will not pursue the appeal pending resolution of the costs issue.
28 Feb 2024

Asia Media Group Berhad 1. ) Wong Shee Kai 2. ) ASIA MEDIA SDN BHD(IN LIQUIDATION)

Citation

WA-22NCC-646-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-646-12/2022 (Mahkamah Tinggi)

Plaintiff was not dominus litis at this stage, the suit raised serious issues to be tried and withdrawal with liberty to file afresh was permitted, but the 1st Defendant was entitled to substantive costs for compliance and preparation up to this stage; accordingly the claim was struck out with liberty to file afresh and costs of RM50,000 awarded to the 1st Defendant.
14 Apr 2023

1. ) SPM ENERGY SDN BHD 2. ) SYSTEM PROTECTION AND MAINTENANCE SDN BHD ELEKTRO SERVE (MALAYSIA) SDN BHD

Citation

WA-22C-70-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-70-09/2021 (Mahkamah Tinggi)

There was no formal application or order effecting discontinuance of the two challenged claims; Order 21 r3 requires leave for discontinuance after defence has been served; balancing prejudice and the principle that a client should not be punished for solicitor error, the court allowed the oral withdrawal with liberty to file afresh and awarded costs to the defendant (RM40,000).
7 Mar 2023

Ali Nur Fitri Bin Yazid LEMBAGA TATATERTIB KONTINJEN SELANGOR

Citation

BA-25-27-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-27-05/2021 (Mahkamah Tinggi)

The judicial review application had lapsed because Form 110 was not filed within the mandatory 14-day period after leave; a notice of discontinuance was subsequently filed and leave given; the applicant's reliance on previous solicitors' mistakes is not a sufficient or acceptable reason to reinstate the application or to grant an extension of time, therefore the application to reinstate and the extension of time are dismissed.
16 Jan 2023

UMMI AGRO INDUSTRY SDN BHD VICTORIOUS STEP SDN BHD

Citation

BA-22NCvC-5-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-5-01/2022 (Mahkamah Tinggi)

Plaintiff repeatedly failed to comply with pre-trial directions (failed to file witness statement), was absent at the full trial without a satisfactory or reasonable excuse despite being given opportunities and clear notice; the court therefore exercised its discretion to dismiss the writ and statement of claim without liberty to file afresh and to award costs to the defendant (RM10,000 subject to allocatur).
2 Nov 2022

1. ) MOHAMMAD AZIZI BIN BIDIN 2. ) CHIA BON TICK 3. ) TAN HONG KOM 4. ) THENNARASAN A/L GOVINDARAJOO 5. ) PONNAMMAH A/P NAVAMANI 6. ) YUWARANI A/P SEVADURAI 7. ) EAPEN A/L THOMAS 8. ) GHANI BIN YATIM 9. ) CHOW CHOON HOOI 10. ) MANOKARAN A/L

Citation

BA-22NCvC-303-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-303-08/2020 (Mahkamah Tinggi)

The court exercised its discretion under Order 21 r.3 ROC 2012 and refused liberty to file afresh because Plaintiffs sought withdrawal to improve pleadings after seeing Defendants' defences at an advanced stage of proceedings, which would unfairly prejudice Defendants and constitute abuse of process; accordingly the action was permitted to be withdrawn but with no liberty to file afresh and no order as to costs, and the 1st Defendant's counterclaim was struck off with no order as to costs.
20 Jun 2022

SERI STAMFORD COLLEGE SDN BHD 1. ) ILIMO SATELLITE TOWNSHIP DEVELOPMENT LIMITED 2. ) MOK CHEE HOONG

Citation

WA-22NCvC-719-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-719-09/2019 (Mahkamah Tinggi)

The court concluded the Plaintiff remained dominus litis, the proceedings were not at an advanced stage, there was no evidence the Plaintiff gained any interim advantage or acted mala fide, and the withdrawal was bona fide to permit substantive amendments; accordingly the withdrawal with liberty to file afresh was allowed subject to costs to preserve justice.
1 Dec 2021

TEH WEI KIAN (NO. K/P: 960531-43-5109) YANG JIN (NO. PASPOT CHINA : E60591500) DAN 6 YANG LAIN

Citation

WA-22NCvC-466-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-466-07/2021 (Mahkamah Tinggi)

The Court exercised its discretion to allow the plaintiff to discontinue the suit but struck it out without liberty to file afresh because the matter was at an early stage, no defendant had filed a defence or counterclaim, no impermissible interim advantage by the plaintiff was shown, and any prejudice to defendants could be compensated by substantial costs; accordingly awarded costs RM50,000 to 2nd and 3rd Defendants and RM10,000 to 5th Defendant and struck out the suit without liberty to file afresh.