22 Mar 2021
VIRTUAL NETWORK SOLUTIONS SDN. BHD. (Co. No.: 1140670-D) AXISJAYA SDN. BHD. (Co. No.: 656023-H)
- Citation
- BA-22C-33-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-33-08/2019 (Mahkamah Tinggi)
The court allowed the defendant to discontinue the counterclaim and granted liberty to file afresh because there was no prejudice or advantage to the plaintiff from discontinuance, the merits had not been tried and trial had not commenced, the plaintiff did not oppose discontinuance, committal intentions were irrelevant to the discontinuance decision, and the plaintiff failed to satisfy the burden to show exceptional grounds to refuse liberty; costs were awarded to the plaintiff in a proportionate sum of RM8,000 with 5% p.a. interest from 22.3.2021.