Malaysia Case Law: Decisions & Judgments

Topic

Dismissal for non-appearance

Legal area

Court

19 Mar 2025

Bandari Simma Realty Sdn. Bhd. TAN BON KIAT

Citation

JA-12BNCvC-30-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-30-12/2023 (Mahkamah Tinggi)

The High Court held the Sessions Court did not misdirect itself: the SCJ validly exercised discretion in refusing an adjournment and dismissing the counterclaim for the appellant's solicitors' non‑appearance given the history of tactical delays, prior warnings, lack of credible justification and prejudice; there was no breach of natural justice and appellate intervention was unwarranted; punitive costs were appropriate for abuse of process.
3 Dec 2023

TAN BON KIAT 1. ) Badan Pengurusan Pelita Indah 2. ) Bandari Simma Realty Sdn. Bhd. 3. ) Kang Hock Hin 4. ) Jothi A/P Muniandy 5. ) Indra Devi A/P Lechanam

Citation

JA-A52NCvC-93-05/2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-93-05/2018 (Mahkamah Sesyen)

Given the company claimant in the counter-claim was effectively unrepresented because its solicitor had sought to withdraw at the eleventh hour and was absent on trial day, and considering the history of repeated adjournments and apparent tactical delay, the court properly exercised its discretion under Order 35 RoC to refuse further adjournment, dismiss the counter-claim and award costs to the plaintiff.
19 Oct 2023

PERIGI EMAS RESOURCES (M) SDN BHD INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

Citation

WA-22NCvC-662-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-662-10/2021 (Mahkamah Tinggi)

Because the Plaintiff failed to attend the scheduled case management (also fixed for the counsel's discharge hearing), had not given instructions to counsel and did not seek reinstatement after counsel was discharged, the Court exercised its power under Order 34 Rules of Court 2012 to dismiss the claim and award costs of RM5,000 as appropriate.

Malaysia Case Law

Bandari Simma Realty Sdn. Bhd. TAN BON KIAT

TAN BON KIAT 1. ) Badan Pengurusan Pelita Indah 2. ) Bandari Simma Realty Sdn. Bhd. 3. ) Kang Hock Hin 4. ) Jothi A/P Muniandy 5. ) Indra Devi A/P Lechanam

PERIGI EMAS RESOURCES (M) SDN BHD INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA