Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of notice of application

Legal area

Court

21 Apr 2021

Mohd Naza Bin Osman Ali ( Kedua) Nylex Polymer Marketing S/B

Citation

BA-12ANCC-6-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCC-6-01/2021 (Mahkamah Tinggi)

The High Court held the Sessions Court rightly exercised its discretion in permitting withdrawal of the application but denying liberty to file afresh because the appellant had inordinately delayed (about three years), failed to comply with directions to file an affidavit in reply, offered no reasonable or satisfactory explanation for withdrawal, and withdrawal with liberty would prejudice the respondent and risk abuse of process.
14 Apr 2021

1.Lee Ewe Liang (No KP: 440806-07-5079) 2.Lee Ewe Bee (No KP: 430421-07-5159) PENCELAH 1.Wayrex Sdn Bhd (No Syarikat: 130212-D) 2.Hybrid Gold Sdn Bhd (No. Syarikat: 283499-T)

Citation

PA-24NCvC-435-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-435-05/2017 (Mahkamah Tinggi)

Leave to withdraw the interveners' notice of application (enclosure 11) was granted because the underlying action PA-22NCvC-123-06/2017 had been struck out and that decision affirmed on appeal, rendering the application academic; there was no mandatory filing requirement preventing oral withdrawal under O21 r6; the dominus litis principle did not bar withdrawal because the interveners had achieved the practical outcome by the striking out of the substantive action.