Malaysia Case Law: Decisions & Judgments

Topic

Order 34 rules of court 2012

Legal area

Court

21 Oct 2024

SUPER GOLD REALTY (M) SDN. BHD. LIVINGSMILE SDN. BHD. (DAHULUNYA DIKENALI SEBAGAI A & T DENTAL SDN. BHD.)

Citation

PA-11ANCvC-2-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

PA-11ANCvC-2-01/2024 (Mahkamah Tinggi)

The High Court refused to intervene: because the strike out application (Enclosure 41) was heard inter partes and decided on the merits, the Magistrate was functus officio once the Order and Judgment were perfected and the proper mode to challenge those determinations was by appeal, not by an application to set aside; accordingly the appeal was dismissed and costs awarded to the Plaintiff.
10 Jun 2024

DR MUNIR ZAMAN 1. ) THE UNIVERSITY OF NOTTINGHAM IN MALAYSIA SDN BHD 2. ) THE UNIVERSITY OF NOTTINGHAM 3. ) UNIVERSITY OF NOTTINGHAM MALAYSIA 4. ) DR. CHRISTINE THELMA ENNEW 5. ) DR. HAIDER ABBAS F. MOHAMED (ALSO KNOWN AS HAIDER ABBAS F. AL

Citation

WA-22NCvC-828-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-828-12/2020 (Mahkamah Tinggi)

The court allowed the plaintiff's withdrawal and struck out the claims against the 3rd to 6th defendants, while exercising its discretion to grant the plaintiff liberty to file afresh (subject to any limitation defenses the defendants may raise); costs were disallowed because defendants had not previously objected to the joinder and should not benefit from their inaction.
29 Apr 2024

KOPERASI TEKSI JOHOR BAHRU BERHAD NOR AMALI BIN MOHD SALLEH

Citation

JA-A73-31-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A73-31-08/2023 (Mahkamah Majistret)

The court enforced the unless order made at the PTCM on 26.12.2023 because the Defendant failed to comply or to notify the court at the subsequent PTCM on 29.01.2024, produced no acceptable explanation for the near four-month delay, and the breach was held to be intentional/contumelious and prejudicial to the Plaintiff; applying Order 34 and binding authorities, the Defendant's interlocutory Notice (Lampiran 28) was therefore cancelled (struck out).
19 Oct 2023

PERIGI EMAS RESOURCES (M) SDN BHD INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

Citation

WA-22NCvC-662-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-662-10/2021 (Mahkamah Tinggi)

Because the Plaintiff failed to attend the scheduled case management (also fixed for the counsel's discharge hearing), had not given instructions to counsel and did not seek reinstatement after counsel was discharged, the Court exercised its power under Order 34 Rules of Court 2012 to dismiss the claim and award costs of RM5,000 as appropriate.
1 Sept 2022

H SPACE HOLDINGS SDN BHD 1. ) WEE KOK HAN 2. ) HEALTHLAND CAPITAL BERHAD 3. ) HLC MANAGEMENT SDN BHD

Citation

WA-22NCvC-866-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-866-12/2020 (Mahkamah Tinggi)

The plaintiff failed to comply with clear case management directions to file the required pre‑trial documents by the specified date and offered no reasonable explanation; under Order 34(3) Rules of Court 2012 the court was entitled to strike out the claim; accordingly the plaintiff’s claim was struck out, with liberty to file afresh.
30 May 2022

RI-YAZ HOTELS AND RESORTS SDN BHD DYNAMICS CAPITAL SDN BHD

Citation

KA-22NCvC-69-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-69-06/2018 (Mahkamah Tinggi)

Defendant repeatedly failed to comply with pre-trial directions to file witness statements without reasonable justification; under the discretionary power in Order 34 r2(3) the court struck out the Defendant's defence and counterclaim and entered judgment for the Plaintiff; Defendant's reliance on arbitration was rejected because it had taken steps in the court proceedings and did not seek a stay under s10, making arbitration an afterthought.

Malaysia Case Law

SUPER GOLD REALTY (M) SDN. BHD. LIVINGSMILE SDN. BHD. (DAHULUNYA DIKENALI SEBAGAI A & T DENTAL SDN. BHD.)

DR MUNIR ZAMAN 1. ) THE UNIVERSITY OF NOTTINGHAM IN MALAYSIA SDN BHD 2. ) THE UNIVERSITY OF NOTTINGHAM 3. ) UNIVERSITY OF NOTTINGHAM MALAYSIA 4. ) DR. CHRISTINE THELMA ENNEW 5. ) DR. HAIDER ABBAS F. MOHAMED (ALSO KNOWN AS HAIDER ABBAS F. AL

KOPERASI TEKSI JOHOR BAHRU BERHAD NOR AMALI BIN MOHD SALLEH

PERIGI EMAS RESOURCES (M) SDN BHD INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

H SPACE HOLDINGS SDN BHD 1. ) WEE KOK HAN 2. ) HEALTHLAND CAPITAL BERHAD 3. ) HLC MANAGEMENT SDN BHD

RI-YAZ HOTELS AND RESORTS SDN BHD DYNAMICS CAPITAL SDN BHD