Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory declaration as evidence

Legal area

Court

2 Feb 2021

GOH BEE LING EUROLAND

Citation

wa-22ncvc-340-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

wa-22ncvc-340-05/2019 (Mahkamah Tinggi)

The amendment applications were dismissed because they were filed after an unexplained and inordinate delay once trial dates were fixed, relied on a third‑party statutory declaration that did not directly undermine the Plaintiffs' pleaded execution of the sale agreements, and amounted to an afterthought intended to delay trial; accordingly the Court refused leave to amend and awarded costs.
1 Jan 1900

KHL PILING & CONSTRUCTION SDN BHD MOO SOON CHEE

Citation

KA-22NCVC-115-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCVC-115-10/2018 (Mahkamah Tinggi)

The court held that the claim as to the RM390,000 indebtedness and the statutory declaration had been fully tried and adjudicated in earlier proceedings (CS No.88 and related OS), the plaintiff had elected to litigate without suing the defendant thereby engaging the doctrine of election and res judicata, and permitting relitigation would be an abuse of process; accordingly the writ and statement of claim were struck out under O.18 r.19 and costs awarded to the defendant.