Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Joinder and substitution of parties

Legal area

Court

12 Jan 2023

SANI BIN JALIL MUHAMMAD AUF HAZIQ BIN AHMAD POZI

Citation

CF-A72C-1-07/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CF-A72C-1-07/2022 (Mahkamah Majistret)

Application dismissed because the pleadings do not disclose any cause of action against the proposed substitute (Saiful Nizam bin Sani) and the plaintiff cannot be compelled to proceed against a party he does not wish to sue; substitution is inappropriate where no case against the proposed party appears from the pleadings.
8 Feb 2021

HIGHLINE SHIPPING SDN BHD INTAN WAZLIN BINTI AB WAHAB & 39 YANG LAIN

Citation

WA-25-132-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-132-03/2019 (Mahkamah Tinggi)

The Court found a prima facie factual and legal nexus between Hub Shipping (in liquidation), EM Shipping, Hubline and Highline (common subsidiary relationships, common directors and secretary, and common CEO signature on termination letter) and that non-substitution/non-joinder would likely render any award ineffective and unenforceable; the Liquidator could not be compelled personally and joining the Liquidator would be unjust; accordingly the Industrial Court did not err in allowing substitution/joinder and the applicants' judicial review applications were dismissed.