Malaysia Case Law: Decisions & Judgments

Topic

Unless orders

Legal area

Court

14 Jul 2025

WONG SIAH KUAN 1. ) LOW JEN HAE 2. ) Tenaga Nasional Berhad

Citation

WA-22NCvC-301-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-301-05/2024 (Mahkamah Tinggi)

Although the setting aside application was filed within the 30-day period under Order 42 r13, the High Court properly exercised its powers under Order 34 to strike out the plaintiff's claim for repeated non-compliance with pre-trial case management directions; accordingly the application to set aside the strike-out was dismissed.
20 Mar 2025

Loke Chee Wah 1. ) Salmi Binti Mohd Shafie 2. ) Hani Ezra Binti Hussin

Citation

PA-12ANCvC-43-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-43-09/2023 (Mahkamah Tinggi)

The High Court allowed the appeal because the plaintiff had filed substantial pre-trial material and the defendants were also non-compliant; the Sessions Court's outright cancellation of the action was premature and disproportionate where an 'unless order' or other less drastic measure should have been considered, therefore the cancellation was set aside and the matter remitted for trial.
30 Sept 2024

TELEKOM MALAYSIA BERHAD SWIS RESOURCES SDN BHD

Citation

BA-12BNCvC-17-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-17-04/2024 (Mahkamah Tinggi)

The Sessions Court erred: the striking out order was made before the deadline for compliance had passed and thus before a default arose; on the facts the breach was first-time, the reason (difficulty locating a retired witness) was acceptable, there was no significant prejudice or derailing of trial and the merits were not considered; dismissal was disproportionate. Appeal allowed, striking out set aside and matter reinstated with costs awarded to Respondent (RM5,000).
12 Sept 2024

NI-ON MARKETING SYSTEM SDN. BHD. 1. ) NASMADI FARM SDN. BHD. 2. ) WAN RAZIF BIN WAN MAHADZIM 3. ) Noor Ahmad Bin Abdul Wahab [Seorang Individu Yang Berniaga Di Bawah Nama Dan/atau Gelaran Nas Madi Enterprise (No. Syarikat: Ra0063432-p)]

Citation

KA-22NCC-4-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCC-4-09/2021 (Mahkamah Tinggi)

The Court dismissed both Enclosure 44 and Enclosure 48 because the Third Defendant failed to demonstrate sufficient cause under Order 24 Rule 17 or special circumstances to set aside the Unless Order and Judgment in Default; proper service on solicitors was established, solicitor negligence without proof of real injustice is insufficient, there was inordinate delay and no credible substantive defence, and the Unless Order was correctly imposed under Order 24 Rule 16(1).
26 Jul 2021

KENWINGSTON SDN BHD LEONG KEN SENG

Citation

WA-12AC-16-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AC-16-03/2021 (Mahkamah Tinggi)

The High Court allowed the appeal, set aside the default judgment and reinstated the defence and counterclaim because the Appellant demonstrated an arguable defence, the non-compliance with the discovery/unless order was attributable to solicitor carelessness rather than contumelious conduct, the discovery order was overly broad and improperly used at the pleading stage, and justice required a trial; the previously deposited security (RM447,733.92) was to be maintained until disposal of the trial.

Malaysia Case Law

WONG SIAH KUAN 1. ) LOW JEN HAE 2. ) Tenaga Nasional Berhad

Loke Chee Wah 1. ) Salmi Binti Mohd Shafie 2. ) Hani Ezra Binti Hussin

TELEKOM MALAYSIA BERHAD SWIS RESOURCES SDN BHD

NI-ON MARKETING SYSTEM SDN. BHD. 1. ) NASMADI FARM SDN. BHD. 2. ) WAN RAZIF BIN WAN MAHADZIM 3. ) Noor Ahmad Bin Abdul Wahab [Seorang Individu Yang Berniaga Di Bawah Nama Dan/atau Gelaran Nas Madi Enterprise (No. Syarikat: Ra0063432-p)]

KENWINGSTON SDN BHD LEONG KEN SENG