Malaysia Case Law: Decisions & Judgments

Topic

Striking out/summary disposal

Legal area

Court

5 Nov 2025

KIRANA MANAGEMENT CORPORATION DAVID ADRIAN FRANKLIN

Citation

WA-B52NCvC-94-02/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-94-02/2025 (Mahkamah Sesyen)

The court found the defendant's counterclaim raised substantial disputed facts and legal issues that could not be resolved on affidavit and pleadings alone; because oral evidence is required to adjudicate the parties' rights, summary dismissal was inappropriate and the plaintiff's application to cancel the counterclaim was dismissed (and in such circumstances the decision is non-appealable).
16 Nov 2023

MOZAMIR BIN HUSSEIN 1. ) PERTUBUHAN PELADANG NEGERI JOHOR (PPNJ) 2. ) DATO HAJI ALI BIN SHIKH AHMAD 3. ) KETUA PENGARAH LEMBAGA PERTUBUHAN PELADANG

Citation

JA-22NCvC-192-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-192-12/2022 (Mahkamah Tinggi)

Defendant Second's strike out application is allowed because Plaintiff's Statement of Claim fails to disclose any reasonable cause of action against Defendant Second personally: Defendant Second acted solely in a corporate capacity as chair of the board/committee of Defendant First (a statutory corporate body under the APP) and there was no contract between Plaintiff and Defendant Second; corporate separateness and agency principles preclude personal liability absent express undertaking or clear pleaded facts. Plaintiff's application to amend is refused because proposed amendments would funda…
2 Apr 2023

1. ) SYARIKAT KILANG KAYU HJH BIDAH BT HJ DERAMAN SDN. BHD. 2. ) ZAIDI BIN DERAMAN MOHD ZAIROL AZMI BIN DERAMAN

Citation

DA-22NCvC-12-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-12-03/2022 (Mahkamah Tinggi)

Because Plaintiffs failed to produce evidence of a warrant to act or board resolution authorizing the solicitor to represent Plaintiff 1 and the challenge to that authority was not discharged, the writ and statement of claim by Plaintiff 1 were struck out under Order 18 r.19 as an abuse of process; however Plaintiff 2 was found to have locus standi and his separate action against the Defendant was permitted to continue.
22 Dec 2022

MUHAMAD BIN SHAFFIE ABD RAHMAN FRESH MART SDN. BHD.

Citation

KD-B52NCvC-3-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KD-B52NCvC-3-06/2022 (Mahkamah Sesyen)

Because the leased premises were constructed without lawful planning/building approval and the plaintiff sought recovery in respect of an unlawful structure, the plaintiff had no legal right to pursue the claim; payments of utilities or assessment rates do not validate the construction; plaintiff's conduct amounted to coming to court with unclean hands; accordingly the defendant's summary application was allowed under the court rules and costs awarded to the defendant.

Malaysia Case Law

KIRANA MANAGEMENT CORPORATION DAVID ADRIAN FRANKLIN

MOZAMIR BIN HUSSEIN 1. ) PERTUBUHAN PELADANG NEGERI JOHOR (PPNJ) 2. ) DATO HAJI ALI BIN SHIKH AHMAD 3. ) KETUA PENGARAH LEMBAGA PERTUBUHAN PELADANG

1. ) SYARIKAT KILANG KAYU HJH BIDAH BT HJ DERAMAN SDN. BHD. 2. ) ZAIDI BIN DERAMAN MOHD ZAIROL AZMI BIN DERAMAN

MUHAMAD BIN SHAFFIE ABD RAHMAN FRESH MART SDN. BHD.