Malaysia Case Law: Decisions & Judgments

Topic

Strike out under order 18 r.19

Legal area

Court

28 Jan 2026

KIAN HENG GROUP SDN BHD CF BATTERY ENTERPRISE

Citation

JF-A72NCC-196-09/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JF-A72NCC-196-09/2025 (Mahkamah Majistret)

The claim was struck out because the cause of action accrued on the invoice date 6.7.2019, the suit filed on 3.9.2025 was beyond the six-year limitation under s.6 Limitation Act 1953, the pleadings failed to particularise any factual basis to avoid the limitation, and therefore disclosed no reasonable cause of action for the purposes of Order 18 r.19(1)(a).
31 Jul 2025

FAISAL @ AHMAD FAISAL BIN HUSSAIN Ahmad Fikri Bin Hussein (Selaku Pentadbir Harta Pusaka Simati, Hussein Bin Yaacob)

Citation

BA-24NCvC-2529-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2529-11/2024 (Mahkamah Tinggi)

The recorded consent judgment of 13.4.2023 was a full and final settlement covering claims relating to the deceased's estate and expressly barred both parties from instituting any further claims in any Malaysian court concerning that estate; the present originating summons seeks relief that falls within that prohibition and is therefore res judicata and an abuse of process, justifying striking out under Order 18 r.19 KKM; however the plaintiff is not a vexatious litigant under Regulation 17.
7 Mar 2025

1. ) KAMARALZAMAN BIN IDRIS 2. ) NORMALA BINTI MOHD YATIM 1. ) OSMAN BIN ISMAIL 2. ) SITI SALMIAH BINTI ISMAIL 3. ) UMNI KALSUM BINTI ISMAIL 4. ) KAMARIAH BINTI MAIDEEN SHEIK 5. ) ISMAIL BIN IDRIS 6. ) Pentadbir Tanah Daerah Sepang 7. ) PEN

Citation

BA-22NCvC-448-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-448-11/2024 (Mahkamah Tinggi)

The court found plaintiffs failed to demonstrate special circumstances to justify a second stay because the application replicated an earlier application the plaintiffs had been granted conditionally but failed to comply with; the allegations of fraud and 'new' facts were either known or could with reasonable diligence have been raised at trial and expert psychiatric evidence had been tested at the full hearing; matters concerning the validity of a wali fall within Syariah jurisdiction; accordingly the stay application was refused and the writ and statement were struck out as an abuse of proc…
18 Dec 2024

SHARIKAT SUKMA KEMAJUAN DAN PERUSAHAAN SDN. BHD. REI HOLDINGS SDN. BHD.

Citation

JA-22C-2-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-2-05/2024 (Mahkamah Tinggi)

Defendant failed to establish any bona fide triable issue: JLM's contemporaneous confirmation negated alleged permit breaches; fraud and conspiracy allegations were unpleaded until after the summary application and unsupported by documents; defendant had not objected to account statements or deliveries (giving rise to estoppel). Consequently plaintiff satisfied Order 14 prerequisites and is entitled to summary judgment, and defendant's counterclaim discloses no reasonable cause of action and is struck out under Order 18 r.19.
24 Apr 2024

RUSNA BINTI KASSIM 1. ) NASRON BIN ISKANDAR 2. ) SURIANA BINTI NASRON 3. ) SUZILAWATI ANA BINTI NASRON 4. ) SUZLINA BINTI NASRON 5. ) SUZLITA BINTI NASRON

Citation

BA-22NCvC-496-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-496-12/2023 (Mahkamah Tinggi)

The High Court refused to strike out the Plaintiff's writ and statement of claim because material factual disputes (including the existence, use and boundaries of the 940 sq ft subject land and the alleged transfer/refusal) required resolution at a full trial with oral witnesses; strike‑out was therefore inappropriate. Separately, by reason of the statutory amendment to subsection 68(1) Court of Judicature Act 1964 and the Order 18 r.19 amendment which came into force on 1 October 2022 (P.U.(B)451/2022), an appeal against the strike‑out decision in this case is unappealable as a matter of law.
2 Apr 2024

1. ) SAMIAH BINTI MOHAMED DAUD 2. ) PUAD SABRI @ SABARIAH BINTI MOHD DAUD 3. ) MOHD HATTA BIN MOHD DAUD 4. ) LAILA SABAH BINTI MOHAMED DAUD 5. ) AB HAKIM AMER BIN MOHD DAUD 6. ) AB SALAM ARIF BIN MOHAMED DAUD 7. ) MOHD ZAINI BIN MOHAMED DAU

Citation

DA-24NCvC-322-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-322-09/2023 (Mahkamah Tinggi)

The plaintiffs' claim was clearly unsustainable on its face because they lack locus standi: Mek Yam validly renounced her entitlement to the deceased's estate, leaving plaintiffs with no proprietary interest to protect; plaintiffs failed to show special circumstances to proceed without letters of administration and the pleadings disclose no reasonable cause of action, therefore the originating summons and supporting affidavit are struck out.
28 Nov 2023

LEE LAI FATT UCSI University

Citation

JA-23NCvC-2-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-23NCvC-2-02/2023 (Mahkamah Tinggi)

The court found the plaintiff's claim concerned dismissal matters that fall within the Industrial Court's statutory jurisdiction; the plaintiff had previously litigated the same subject in the Industrial Court which dismissed the claim without liberty to reinstate and had not appealed under s.33C; therefore the High Court proceeding was an abuse of process and plainly unsustainable and was struck out with costs to the defendant.
8 Nov 2023

1. ) CHAN SEI YONG 2. ) LIONEL KHOO TIONG GIAW 3. ) FU SEK JIN JKI DEVELOPMENT SDN BHD

Citation

BB-B52NCvC-17-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-B52NCvC-17-02/2023 (Mahkamah Sesyen)

The court concluded the plaintiffs' session court writ duplicated and conflicted with the earlier pending High Court judicial review on identical facts and reliefs; because the outcome of the judicial review would determine the legal basis for the LAD claims and potentially render inconsistent decisions, the writ constituted an abuse of process under Order 18 r.19(1) and was therefore struck out. Costs of RM3,000 were awarded to the defendant.
6 Nov 2023

1. ) AGENSI PEKERJAAN DZH SDN. BHD. (Dahulunya dikenali sebagai DZH Management Consultants Sdn. Bhd.) 2. ) DZH HEALTH RESORT CLUB SDN. BHD. 1. ) GENTING DEVELOPMENT SDN. BHD. 2. ) BENJAMIN LIM KEONG HOE 3. ) LEE MAN ONN 4. ) TROPICANA MAKMU

Citation

WA-22NCvC-324-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-324-05/2021 (Mahkamah Tinggi)

The court struck out the claim against the 1st to 7th Defendants because the claims and defenses were previously litigated in magistrates' suits and affirmed on appeal and therefore barred by res judicata and abuse of process; contemporaneous documents (letter dated 2-10-2020 and notice of assignment) constituted admissions inconsistent with the plaintiffs' present allegations, rendering the claim plainly and obviously unsustainable under Order 18 r.19.
22 Sept 2022

LEE TECK TIONG LIM KIM HIN

Citation

CB-22NCvC-13-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-13-06/2022 (Mahkamah Tinggi)

On the affidavits and exhibited documents the court found there are triable issues as to the existence, character and enforceability of the alleged guarantee (including issues of consideration and whether a principal debtor exists). Those issues cannot be resolved on strike‑out under Order 18 r.19 or by summary judgment on the material before the court. Accordingly both applications (KM7 and KM9) were dismissed and the substantive disputes remain for trial.