Malaysia Case Law: Decisions & Judgments

MFORCE BIKE HOLDINGS SDN. BHD. HONDA GIKEN KOGYO KABUSHIKI KAISHA (juga dikenali sebagai Honda Motor Co., Ltd)

Citation

WA-23NCvC-68-10/2023 (Mahkamah Tinggi)

Court

High Court

Case number

WA-23NCvC-68-10/2023 (Mahkamah Tinggi)

Strike out was warranted because the plaintiff's pleadings failed to plead a dominant collateral purpose for the defendant's assessment proceedings (which were pursued pursuant to a court order) and failed to plead actionable damage (a corporate plaintiff cannot claim emotional distress); consequently the tort of abuse of process was not disclosed and the writ was struck out under Order 18 r19 ROC.

29 Mar 2021

LOW TECK HUAT (No. K/P: 711014-10-5139) 1. KWAN TECK HIAN (No. K/P: 750228-10-5435) 2. SIN KIONG FATT (No. K/P: 681023-05-5087) 3. SIN LEAN FATT (No. K/P: 650203-05-5269) 4. YUN YOKE LOONG (No. K/P: 730904-10-5839)

Citation: WA-22NCC-332-07/2020 (Mahkamah Tinggi)
Court: High Court
Case number: WA-22NCC-332-07/2020 (Mahkamah Tinggi)

The court found the Statement of Claim discloses a triable cause of action for conspiracy: agreement to injure can be inferred from pleaded facts, damage was pleaded, and the defects alleged by defendants did not render the claim plainly unsustainable; res judicata and prematurity arguments failed because the claim involves different parties and a distinct cause and the transfer/consent to consolidate rendered multiplicity and prematurity objections inappropriate; striking out was therefore unjustified and the proper course was to dismiss the strike out applications and hear the suits togethe…