Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of counterclaim

Legal area

Court

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 permitted but without liberty to file afresh because defendants were unprepared despite having had years to prepare, the application was made after plaintiff had adduced its defence evidence on the counterclaim, and granting liberty would prejudice the plaintiff and risk abuse of process by allowing a second bite at the cherry.
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').