Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Amendment and withdrawal of pleadings
  • 8 Jul 2025

    GOW JIA LE AIA BERHAD

    Citation
    JA-22NCC-46-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-22NCC-46-07/2024 (Mahkamah Tinggi)

    The court allowed the Defendant to withdraw the Amended Statement of Defence and Counterclaim and awarded costs to the Plaintiff because the withdrawal effectively addressed the Plaintiff's strike‑out application; the court dismissed the application to consolidate the suits and to transfer them to the Kuala Lumpur High Court because the Defendant failed to demonstrate common questions of law or fact of sufficient importance (given distinct evidence required from each plaintiff regarding individual sales, commissions and alleged fraud), and consolidation/transfer would risk mixing evidence and…