Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Failure to comply with court orders

Legal area

Court

14 Feb 2025

RAKESH A/L KANESAN MURTI 1. ) AMJ JASIN EXPRESS SERVICE 2. ) JAEMI CRUZ A/P CRUZ

Citation

NE-A72NCvC-11-03/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NE-A72NCvC-11-03/2023 (Mahkamah Majistret)

The claim was dismissed because the plaintiff repeatedly failed to comply with clear pre‑trial orders and deadlines despite lengthy opportunities and reminders; that persistent non‑compliance justified dismissal under Order 34(3) and liberty to refile without costs was appropriate given the prejudice and wasted resources to the defendants.
14 Nov 2024

NORAINI BINTI NORDIN ANIZA BINTI JAMALUDIN

Citation

NH-A72NCvC-2-10/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NH-A72NCvC-2-10/2023 (Mahkamah Majistret)

Given repeated opportunities and lengthy time since case commencement, and absence of any trial documents in the Case Management System, the court exercised its discretion under Aturan 34 Kaedah-Kaedah Mahkamah 2012 to dismiss the plaintiff's claim for clear non-compliance with pre-trial directions; dismissal was imposed with costs of RM5,000 to the defendant.