Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of writ

Legal area

Court

18 Apr 2021

GOH YONG 1. GOH KWANG 2. GOH TEE

Citation

JB-22NCVC-74-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-74-11/2019 (Mahkamah Tinggi)

The court exercised its discretion under Order 21 to strike out the Writ and Statement of Claim but refused liberty to file afresh and ordered costs for the defendants because the defendants were dominus litis and would be prejudiced by permitting the plaintiff to refile and alter the claim after seeing the defendants' position; costs could not compensate the prejudice of losing the advantage obtained.
9 Jun 2020

JI ZHAN CAPITAL SDN BHD ( COMPANY NO. : 305195-W) CHUA & CHEW SDN BHD (COMPANY NO.: 418862-T)

Citation

JA-11BNCVC-18-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-11BNCVC-18-09/2019 (Mahkamah Tinggi)

Pleadings had closed and pre-trial preparations were advanced; the Plaintiff had seen the Defendant's case and was dominus litis thus would gain undue tactical advantage if allowed liberty to file afresh; the magistrate properly exercised discretion in refusing liberty to file afresh and ordering costs; appeal dismissed.