26 Jan 2024
PROF DATO DR RAHMAT BIN MOHAMAD Shahizad Bin Sulaiman
- Citation
- WA-23NCvC-28-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-23NCvC-28-04/2023 (Mahkamah Tinggi)
Although the plaintiff filed notice within Order 21 r 2 ROC, the court held the discontinuance was an abuse of process because the filing had already produced a substantial advantage to the plaintiff (SUHAKAM ceased investigation under s12), prejudicing the defendant; accordingly the court was entitled to allow discontinuance but impose the term 'no liberty to file afresh' and award costs to the defendant.