Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Particulars of special damages

Legal area

Court

13 Jun 2022

MOHAMAD ZAINI BIN MD TAHA Normaziah Binti Sheikh Mohamed

Citation

BA-12ACY-2-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ACY-2-09/2021 (Mahkamah Tinggi)

The appeal is dismissed and the Sessions Court order striking out the writ and statement of claim is affirmed because the defamation pleadings failed to comply with Order 78 r 3 (no identification of defamatory words or their natural and ordinary meaning) and failed to plead particulars of special damages; the claim also sought relief for non-parties, rendering the claim obviously unsustainable and properly struck out under O.18 r.19(1).
17 Mar 2022

Universiti Putra Malaysia (UPM) 1. ) HOE CHEE LIANG 2. ) HENG YANG KHENG 3. ) TANG CHEE WAH 4. ) HISHAMUDDIN BIN ZAINUDDIN

Citation

BA-12ANCvC-24-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-24-03/2021 (Mahkamah Tinggi)

Clause 7 of the scholarship agreements made the accrual of the contractual cause of action depend on issuance of a demand; on the face of the pleadings the claim was not plainly and obviously time‑barred and therefore the Sessions Court erred in striking out the writ and statement of claim under Order 18 r19 ROC; the matter must proceed to trial where limitation and laches can be proved or negatived by evidence.