Malaysia Case Law: Decisions & Judgments

Topic

Frivolous and vexatious claims

Legal area

Court

21 Feb 2025

GOH GIN HOONG KHAIRUL ASFARIDZA BIN ABDUL SAMAT

Citation

JA-A52NCC-426-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCC-426-09/2024 (Mahkamah Sesyen)

The court found the plaintiff failed to demonstrate any nexus or locus standi with the defendant and failed to adduce sufficient prima facie evidence that the alleged RM100,000 loan originated from the plaintiff; the defendant's affidavits and bank statements showing funds from a third party (TY) and subsequent transfers supported dismissal. Therefore the defendant's strike-out application under Order 18 r 19(1)(b) succeeded and the plaintiff's claim was dismissed as frivolous and vexatious with costs.
11 Jan 2024

1. ) LEONG JENN KIANG 2. ) CHIN SOO SHIAN 3. ) SANTHA A/P CHANDHERASEGARAN 4. ) YIP KOK CHYUAN 5. ) STM LOTTERY SDN BHD 1. ) KERAJAAN NEGERI PERLIS 2. ) MENTERI BESAR PERLIS, YAB TUAN MOHD SHUKRI BIN RAMLI 3. ) AHLI MAJLIS MESYUARAT KERAJAA

Citation

RA-25-3-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

RA-25-3-07/2023 (Mahkamah Tinggi)

The court refused leave because applicants failed to identify any specific, reviewable decision or act by the State respondents (relying instead on media/online materials), failed to meet mandatory procedural and evidential requirements for leave under Order 53, and the alleged decisions, if any, concerned non‑justiciable policy/administrative matters. The applications were therefore frivolous, vexatious and lacked an arguable case; consequently leave was denied and reliefs including mandamus were refused.
30 Oct 2023

SMJ TRANS-TRADE AGENCY LIZIZ STANDACO SDN BHD

Citation

DA-22NCvC-2-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-2-01/2023 (Mahkamah Tinggi)

The Statement of Claim was struck out because it was general and lacked material particulars (no agreement date or terms, no dates of services, no invoice particulars or breach date) such that it did not disclose a reasonable cause of action; the claim was therefore frivolous and/or vexatious and an abuse of the court's process, justifying allowance of the defendant's strike out application under Order 18 r.19 and dismissal of the writ and statement of claim with costs.
7 Sept 2021

MODERN ASSOCIATED ENGINEERING SDN BHD BARTEC SERVICES & ENGINEERING SDN BHD

Citation

B52NCC-40-03-2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

B52NCC-40-03-2021 (Mahkamah Sesyen)

The strike out and stay application was dismissed because there existed genuine, triable disputes—notably as to whether the contract was with the defendant or Bartec SG—and the evidence raised conflicts which could not be resolved summarily; therefore the threshold for striking out as an obvious and unsustainable claim was not met.

Malaysia Case Law

GOH GIN HOONG KHAIRUL ASFARIDZA BIN ABDUL SAMAT

1. ) LEONG JENN KIANG 2. ) CHIN SOO SHIAN 3. ) SANTHA A/P CHANDHERASEGARAN 4. ) YIP KOK CHYUAN 5. ) STM LOTTERY SDN BHD 1. ) KERAJAAN NEGERI PERLIS 2. ) MENTERI BESAR PERLIS, YAB TUAN MOHD SHUKRI BIN RAMLI 3. ) AHLI MAJLIS MESYUARAT KERAJAA

SMJ TRANS-TRADE AGENCY LIZIZ STANDACO SDN BHD

MODERN ASSOCIATED ENGINEERING SDN BHD BARTEC SERVICES & ENGINEERING SDN BHD