5 Jul 2024
TANJUNG OFFSHORE SERVICES SDN BHD 1. ) VME PROCESS SYSTEMS MALAYSIA SDN BHD 2. ) VME PROCESS ASIA PACIFIC PTE LTD
- Citation
- WA-22IP-40-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22IP-40-09/2022 (Mahkamah Tinggi)
Withdrawal of the counterclaim was allowed only without liberty to file afresh because the defendants had been unprepared despite having filed the counterclaim years earlier, issued highly relevant F&B notice only three weeks before trial, filed to adjourn unsuccessfully, and made the withdrawal after the plaintiff had closed its case and fully disclosed its defence to the counterclaim; permitting refiling would prejudice the plaintiff and amount to an abuse of process ('second bite at the cherry').