Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Maintenance of public roads

Legal area

Court

28 Apr 2021

ONG KAH LOK JABATAN KERJA RAYA & ANOTHER

Citation

WA-11ANCVC-130-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCVC-130-12/2020 (Mahkamah Tinggi)

The High Court held the strike out was inappropriate because material issues about responsibility for road safety and maintenance, and whether JKR retained duties notwithstanding local delegation, required full trial; therefore the magistrate's decision was set aside and the matter remitted for trial.
18 Dec 2020

ONG KAH LOK (No.Kad Pengenalan : 940120-01- 5371) 1. ) KETUA PENGARAH JABATAN KERJA RAYA MALAYSIA 2. ) KERAJAAN MALAYSIA

Citation

WA-A71KJ-18-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A71KJ-18-09/2020 (Mahkamah Majistret)

The court struck out the writ and statement of claim under Order 18 rule 19(1)(b) and (d) because the pleading failed to plead facts establishing that the First Defendant (JKR) had statutory responsibility for the road; documentary evidence (DBKL letter) established the road was under DBKL's care making the claim obviously unsustainable and an abuse of process; amendment under Order 15 r6 could not save the claim because the named defendants were the sole defendants and no other defendant remained to pursue the action.