Malaysia Case Law: Decisions & Judgments

Topic

Locus standi/standing

Legal area

Court

31 Mar 2026

XXXX XXXX

Citation

JA-12BNCvC-21-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-21-09/2017 (Mahkamah Tinggi)

The Court held the typo in the Consent Order was a clerical mistake correctable under Order 20 rule 11 and the Court's inherent jurisdiction; the Appellant had standing notwithstanding expired business registration (partners had relief under s8(1) affirmed by higher courts); the Consent Order was not frustrated or discharged by the judge's death; accordingly the Consent Order dated 27.05.2018 is amended to correct the Sessions Court judgment date from 05.09.2017 to 04.09.2017 and no costs were awarded.
21 Mar 2023

1. ) Yum Shirley 2. ) CHAN YEN PENG 3. ) PHUAH KIM YEAN 4. ) WONG KWAI MOON 5. ) CHAN YIN HAN 6. ) CHAN SAW WAN 7. ) TOO HING YEAP 1. ) Chew Pit King 2. ) CHUNG ONN SOON 3. ) CHEW CHOON FATT 4. ) CHEW CHOON TET

Citation

22NCVC-513-09/2015 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-513-09/2015 (Mahkamah Tinggi)

The suit was dismissed because the plaintiffs failed to obtain the Attorney General's prior written consent as required by section 9(1) and s.9(2) of the Government Proceedings Act 1956; statutory compliance is mandatory and the AG cannot grant retrospective consent, rendering the action not maintainable; consequentially the court did not decide merits of the alleged trust.
12 Apr 2022

DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND TAN HAN WEE

Citation

WA-22NCvC-608-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-608-09/2021 (Mahkamah Tinggi)

The claim was struck out because on the face of the pleadings the plaintiff lacked locus standi (no shareholder status in Astacanggih), had not pleaded particulars of the alleged conspiracy against the defendant, and had failed to plead any exception to the registered owner's indefeasible title under s.340; the claim was therefore obviously unsustainable and properly struck out under O.18 r.19.

Malaysia Case Law

XXXX XXXX

1. ) Yum Shirley 2. ) CHAN YEN PENG 3. ) PHUAH KIM YEAN 4. ) WONG KWAI MOON 5. ) CHAN YIN HAN 6. ) CHAN SAW WAN 7. ) TOO HING YEAP 1. ) Chew Pit King 2. ) CHUNG ONN SOON 3. ) CHEW CHOON FATT 4. ) CHEW CHOON TET

DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND TAN HAN WEE