Malaysia Case Law: Decisions & Judgments

Topic

Multiplicity of proceedings

Legal area

Court

22 Apr 2026

TEBRAU BAY SDN. BHD. Kerajaan Malaysia

Citation

JA-21NCvC-18-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-21NCvC-18-11/2024 (Mahkamah Tinggi)

The writ and statement of claim dated 20.11.2024 were struck out and the plaintiff's action JA-21NCvC-18-11/2024 terminated because it was substantively duplicative of earlier proceedings, constituted an abuse of process by way of a collateral attack on tax assessments subject to a statutory challenge mechanism, and the defect was structural and incurable; costs awarded to the defendant RM8,000.00.
23 Feb 2026

KCSB KONSORTIUM SDN BHD 1. ) Kerajaan Negeri Johor 2. ) JOHOR CORPORATION

Citation

JA-21NCvC-21-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-21NCvC-21-12/2024 (Mahkamah Tinggi)

The writ and statement of claim dated 13.12.2024 constitute an abuse of process by substantial duplication of issues already the subject of active proceedings (SP 1017 and JR 41); therefore the action is struck out under Order 18 r 19(1)(d) KKM 2012 to prevent multiplicity, conflicting decisions and misuse of court process. The court did not decide the substantive merits of the underlying claims.
16 Dec 2025

SYED YUSOF BIN SYED MOHD 1. ) A GANASAN A/L K ARUMUGAM 2. ) ABDUL HAFIZ BIN ABDUL RASHID @ ABD KHALID 3. ) VSD AUTOMATION SDN. BHD.

Citation

BA-24NCC-118-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-118-10/2025 (Mahkamah Tinggi)

The Originating Summons (Suit 118) is struck out as an abuse of process and a duplicative parallel proceeding to Suit 113; it fails to disclose a reasonable cause of action under s.346 CA 2016, contains scandalous, frivolous and vexatious allegations without necessary particularity and constitutes an improper collateral attack on earlier proceedings, therefore it must be struck out with costs.
11 Nov 2025

Tan Si Hai @ Tan Si Yen 1. ) Liow Keng Luan 2. ) Tan Shing Yi

Citation

WA-12ANCvC-134-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-134-07/2024 (Mahkamah Tinggi)

The High Court affirmed that a wife has subsisting enforceable rights in the matrimonial home during the marriage under the LRA and related authorities, those rights will be directly affected by an eviction proceeding so she may intervene, and special circumstances (risk of multiplicity and conflicting decisions) justified a stay of the Sessions Court pending adjudication of the Judicial Separation petition in the Family Court; accordingly the Sessions Court's orders allowing intervention and granting a stay were rightly exercised and the appeal was dismissed.
10 Nov 2025

TENAGA NASIONAL BERHAD 1. ) TEBRAU BAY CONSTRUCTIONS SDN. BHD. 2. ) ISKANDAR WATERFRONT CITY BERHAD 3. ) TEBRAU BAY SDN BHD (DAHULU DIKENALI SEBAGAI KPRJ NUSANTARA SDN BHD) PIHAK KETIGA PEMBINAAN HAMID ABD RAHMAN SDN BHD PIHAK TERKILAN 1. )

Citation

JA-22NCvC-149-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-149-11/2020 (Mahkamah Tinggi)

The application to issue a fifth‑party notice (Annexure 303) was dismissed because the fourth party had not filed any defence or pleadings enabling the court to assess liability or quantum against the proposed fifth party, and because permitting joinder at the current trial stage would prejudice the proposed fifth party and delay disposal of the main action; third‑party issues can be litigated independently if necessary.
25 Aug 2025

MARCUS CHAN JAU CHWEN 1. ) SURIA WARAS DEVELOPMENT SDN. BHD. 2. ) PUJIAN SEKATA SDN. BHD. 3. ) BENCHMARK LINK SDN. BHD. 4. ) IMPIANPURI SDN. BHD. 5. ) CHEW YEW YEK 6. ) CHEN AH FOOK 7. ) OON SIM HOR @ THUM SIN HOR 8. ) DATUK ARIF SHAH BIN H

Citation

WA-24NCC-575-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-575-11/2024 (Mahkamah Tinggi)

The application is dismissed because the plaintiff lacked locus standi to seek the reliefs in substance directed at court-appointed administrators; the plaintiff failed to obtain requisite leave from the Probate Court before commencing proceedings affecting the APLs; and the matters raised are academic/moot given the APLs' withdrawal of requisitions and undertaking to await registration under s109; accordingly the application was procedurally defective and unnecessary to decide on the merits.
11 Jul 2025

XORIX SDN. BHD. (PENERIMA & PENGURUS DILANTIK) JARDIN PHARMA BERHAD

Citation

WA-24NCC-607-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-607-12/2024 (Mahkamah Tinggi)

The application was dismissed because the central question was non-justiciable and vague, the tenancy dated 01.07.2023 is valid and the plaintiff lacks standing to challenge it in these proceedings, material factual disputes made the matter unsuitable for determination on affidavit under originating summons, and the issues overlap with active litigation risking multiplicity; consequently no relief was warranted.
22 May 2025

CHEAH WENG SENG 1. ) CHERAS PROPERTY SDN BHD (SEBELUM INI DIKENALI SEBAGAI NUSMETRO ARTE SDN BHD) 2. ) ASIAMEGA CAPITAL SDN BHD PIHAK YANG DIGARNIS 1. ) MALAYAN BANKING BERHAD 2. ) MAYBANK ISLAMIC BERHAD

Citation

WA-A54-144-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A54-144-10/2023 (Mahkamah Sesyen)

The application to stay was dismissed because the applicant failed to show special circumstances warranting a stay: the defendant filed its related writ later, accepted the risk of overlap, the risk of inconsistent decisions is remediable by appeal, and granting a stay would unfairly prejudice the plaintiff who filed first.
29 Apr 2025

Tan Sri Dato' Kam Woon Wah 1. ) Dato' Sri Andrew Kam Tai Yeow 2. ) Hannah Kam Zhen Yi

Citation

WA-22NCvC-822-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-822-12/2021 (Mahkamah Tinggi)

The 2nd Defendant's application (Encl. 32) was dismissed because the ad interim injunction was granted inter-partes and extended pending disposal of the main application; the Court found Encl. 32 to be an abusive, duplicative attempt to obtain a second bite after the appeal was dismissed, and therefore the application failed and costs were awarded to the Plaintiff.
24 Apr 2025

SHAKIB BIN ABU BAKAR BANAFEE 1. ) AWH INTERNATIONAL LOGISTICS SDN. BHD. 2. ) MOHD AZIZUL BIN MOHD NASIR 3. ) AHMAD AKID BIN NOOR AZLEE

Citation

JA-24NCC-29-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCC-29-07/2024 (Mahkamah Tinggi)

The originating summons was struck out because on the face of the materials it was plainly unsustainable: plaintiff's standing as a complainant is contested in pending Suit 37 making the OS premature; plaintiff failed to exhaust internal company remedies (no meeting or requisition under ss.310–311 CA 2016 and internal presentation prior to statutory notice) which is essential in derivative actions; the claims materially duplicated existing proceedings (Suit 67 and Suit 37) and amounted to multiplicity/abuse of process; accordingly Order 18 r.19(1)(b) and (d) empowered the court to strike out…