Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Discontinuance/withdrawal of action

Legal area

Court

4 Oct 2024

TETUAN LAW CHAMBERS OF KHAREN JIT & ASSOCIATE 1. ) MOHD ZAHARI BIN MOKTAR RUDIN 2. ) SITI NOOR AMIRA BINTI MOHD FUZI

Citation

MA-A72-59-08/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-A72-59-08/2024 (Mahkamah Majistret)

Because no defence had been filed and the defendants' interlocutory application under Order 18 was still premature/unsealed and had not conferred any advantage, the plaintiff was entitled to withdraw the writ and statement of claim as of right; the withdrawal caused no prejudice and therefore was allowed with liberty to refile and no order as to costs.
12 Oct 2021

STANDARD CHARTERED SAADIQ BERHAD GOH BUCK CHOOI

Citation

WA-12AM-8-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AM-8-07/2020 (Mahkamah Tinggi)

The High Court exercised its discretion under O.1A and O.21 r.3 to uphold the Sessions Court's order striking off the writ and statement of claim against the respondent without liberty to file afresh because the withdrawal was a tactical manoeuvre intended to cure a substantive defect (improper service of the notice of demand) that would prejudice the respondent by depriving him of an advantage obtained when the default judgment was set aside; the procedural irregularities in the notice of appeal and appeal record were not fatal and did not justify dismissal of the appeal on those grounds.