13 Aug 2020
SS RIAZ TRADING 2 SDN BHD NEWSTAR AGENCIES SDN BHD
- Citation
- BA-22NCVC-545-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-545-12/2019 (Mahkamah Tinggi)
The counterclaim was struck out because the plaintiffs in the counterclaim improperly added a co-plaintiff who was not a party to the original action and the claims pleaded against the additional defendants (notably the 2015 container and conspiracy claims) lacked the requisite nexus to the subject matter of the original suit, constituting an abuse of process and likely to delay and embarrass trial; accordingly the court exercised its power under the Rules to strike out the counterclaim.