11 Feb 2026
MTR FREIGHT SDN BHD J&T EXPRESS (MALAYSIA) SDN BHD
- Citation
- WA-27NCC-8-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-8-02/2024 (Mahkamah Tinggi)
Plaintiff repeatedly failed to produce specific documents ordered under a perfected discovery order that was later varied to include a peremptory (unless) term; plaintiff's failure to raise non-possession during discovery and failure to appeal the amended order estopped it from now claiming inability to comply; Order 24 r 16 authorises the court to enforce the peremptory sanction, therefore striking out the plaintiff's writ and statement of claim and defence to counterclaim and entering judgment on the defendant's counterclaim was just and proportionate; assessment of damages was ordered acco…