Malaysia Case Law: Decisions & Judgments

Topic

Strike out of counterclaim

Legal area

Court

17 Mar 2025

EMUM CAPITAL SDN BHD 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) ANANDARAO A/L ATCHANNAH

Citation

WA-22NCC-573-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-573-08/2024 (Mahkamah Tinggi)

Plaintiff established a prima facie case: deliveries were acknowledged, invoices and approval letter provided contractual basis for sums and late interest, suspension of credit was lawful under express contract terms, no evidence of waiver, guarantee was admitted and enforceable; defendants failed to raise triable issues and their counterclaim was obviously unsustainable and thus summary judgment and striking out were justified.
2 May 2024

PJ MIDTOWN DEVELOPMENT SDN BHD 1. ) ASIANLAND REALTY SDN BHD 2. ) OYO ROOMS HOSPITALITY SDN BHD

Citation

WA-22NCC-267-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-267-05/2023 (Mahkamah Tinggi)

The 13.12.2019 Agreement created a tenancy-like obligation entitling PJ Midtown to the contractual minimum guarantees; the Guarantee dated 18.10.2019 constituted a valid commitment by OYO MY supported by consideration (PJ Midtown agreeing to enter the primary agreement) and was binding under the Turquand/indoor management principle despite challenges to the signatory's authority; Asianland and OYO MY failed to raise genuine triable issues, justifying summary judgment; Asianland's counterclaim was procedurally fatal for failing to include PJ Midtown as required by Order 15 Rule 3(1) ROC and, i…
8 Dec 2023

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

Citation

WA-22NCC-183-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-183-04/2023 (Mahkamah Tinggi)

The court held that the Agreement and the MLA permit the contractual 10% interest to continue after the loan period while an additional simple 8% p.a. default interest may be charged on arrears concurrently; those positions do not constitute compound interest nor breach Section 17 MLA; there were no triable issues and the 1st and 2nd Defendants' counterclaims were plainly unsustainable, justifying summary judgment and striking out the counterclaims.
6 Apr 2023

ZHEJIANG DINGCHENG INTERNATIONAL TRADE CO. LTD SHA ASIA MINING SDN BHD

Citation

WA-22NCC-507-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-507-11/2021 (Mahkamah Tinggi)

Plaintiff satisfied preliminary O.14 requirements and established a prima facie case; Defendant failed to raise any credible triable issues—its denials were inconsistent with contemporaneous documents and conduct (including acceptance and partial payment), it produced no evidence for force majeure, and the Second Variation Letter was supported by signed copy and communications; therefore summary judgment entered for Plaintiff for refund USD247,000 and liquidated damages USD594,000 and Defendant’s counterclaim struck out as unsustainable/res judicata.

Malaysia Case Law

EMUM CAPITAL SDN BHD 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) ANANDARAO A/L ATCHANNAH

PJ MIDTOWN DEVELOPMENT SDN BHD 1. ) ASIANLAND REALTY SDN BHD 2. ) OYO ROOMS HOSPITALITY SDN BHD

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

ZHEJIANG DINGCHENG INTERNATIONAL TRADE CO. LTD SHA ASIA MINING SDN BHD