Malaysia Case Law: Decisions & Judgments

Topic

Strike out (o.18 r.19)

Legal area

Court

17 Mar 2025

SS MOTOR CENTURY SDN BHD 1. ) WAWASAN SINAR GEMILANG SDN BHD 2. ) KUA JUINN ONN 3. ) KUA JIUNN YEE 4. ) KUA GUAN CHAI 5. ) PHUN BOOI MOOI

Citation

WA-22NCvC-642-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-642-11/2023 (Mahkamah Tinggi)

The claim against the 4th and 5th Defendants disclosed no reasonable cause of action because the pleaded facts showed only a landlord–tenant relationship without employer–employee, agency or control over the tenant's business or machinery; accordingly vicarious liability could not attach and the claims were unsustainable on their face, permitting strike out under O.18 r.19(1) (also found to be frivolous/abusive).
7 Mar 2024

ABDUL NASIR BIN AHMAD 7-ELEVEN MALAYSIA SDN BHD

Citation

WA-22NCvC-565-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-565-10/2022 (Mahkamah Tinggi)

The Plaintiff’s claim was struck out because on the undisputed facts he voluntarily resigned impulsively after a meeting about a proposed restructuring (no decision taken), accepted the Defendant’s conciliatory reply, and was paid all contractual emoluments for the notice period; therefore there was no breach going to the root of the contract and the statutory Industrial Court remedy should have been pursued; the claim for substantial common law damages is plainly unsustainable and an abuse of process, warranting strike‑out under O.18 r.19.
14 Sept 2022

CHIN CHEW HOOK 1. ) NG CHEE MUN 2. ) LEE MUN MEE

Citation

AA-B52-11-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-B52-11-12/2021 (Mahkamah Sesyen)

The pleadings disclose a reasonable cause of action and raise triable issues (receipt of funds, alleged breach of trust and conspiracy, and dispute over records) which cannot be summarily disposed of under O.18 r.19; therefore the strike out applications are not appropriate and are dismissed.
25 Apr 2022

1. ) SPECMAR LIMITED 2. ) SPECMAR LIMITED LIABILITY COMPANY PBJV GROUP SDN BHD PIHAK KETIGA PETROFAC (MALAYSIA-PM304) LIMITED

Citation

WA-22NCvC-289-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-289-06/2020 (Mahkamah Tinggi)

The application to strike out was dismissed because the points raised by the defendant (approval by Petrofac, admissions, accrual of cause of action and limitation) raised triable factual issues requiring oral evidence and documents; the claim was not obviously unsustainable and, if limitation were relevant, time begins to run when payment is due subject to contractual conditions rather than from invoice date.
22 Feb 2022

JAYAKUMAR A/L A. KUMARAPPAN RHB BANK BERHAD

Citation

WA-22NCvC-250-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-250-04/2021 (Mahkamah Tinggi)

The suit was struck out because it was a plain and obvious abuse of process: the complaints could and should have been raised in the earlier proceedings, the plaintiff failed to show the prior order was a nullity or illegal, produced no credible evidence of misrepresentation or SGSS realisation, and therefore there were no bona fide triable issues; strike out under Order 18 r.19(b),(c),(d) was justified.
15 Oct 2021

JURUTERA PERUNDING GEA SDN BHD SGB ASSETS SDN BHD

Citation

WA-12AC-25-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AC-25-06/2021 (Mahkamah Tinggi)

The High Court allowed the appeal because the civil claim in Suit 62 (invoices for Stages 3 and 4) is materially different from the earlier CIPAA adjudication (invoices for Stages 1 and 2), the claim is not obviously unsustainable on its face, and CIPAA permits concurrent court proceedings since adjudication decisions have only temporary finality; therefore the Sessions Court erred in striking out the Statement of Claim as scandalous, frivolous or an abuse of process.
30 Dec 2020

NESTLE PRODUCTS SDN BHD 1. ) MAD LABS SDN BHD 2. ) CHOW KIEN LOON

Citation

WA-22IP-31-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-31-04/2019 (Mahkamah Tinggi)

On the face of the writ and statement of claim the plaintiff had disclosed reasonable causes of action against D2; the matters pleaded were not scandalous, frivolous or an abuse of process and therefore the strike‑out application under O.18 r.19(1)(a),(b) and (d) was refused.

Malaysia Case Law

SS MOTOR CENTURY SDN BHD 1. ) WAWASAN SINAR GEMILANG SDN BHD 2. ) KUA JUINN ONN 3. ) KUA JIUNN YEE 4. ) KUA GUAN CHAI 5. ) PHUN BOOI MOOI

ABDUL NASIR BIN AHMAD 7-ELEVEN MALAYSIA SDN BHD

CHIN CHEW HOOK 1. ) NG CHEE MUN 2. ) LEE MUN MEE

1. ) SPECMAR LIMITED 2. ) SPECMAR LIMITED LIABILITY COMPANY PBJV GROUP SDN BHD PIHAK KETIGA PETROFAC (MALAYSIA-PM304) LIMITED

JAYAKUMAR A/L A. KUMARAPPAN RHB BANK BERHAD

JURUTERA PERUNDING GEA SDN BHD SGB ASSETS SDN BHD

NESTLE PRODUCTS SDN BHD 1. ) MAD LABS SDN BHD 2. ) CHOW KIEN LOON