Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Mode of action

Legal area

Court

14 Feb 2023

MEGA USAHA BINA SDN. BHD. Pentadbir Tanah Daerah Kuantan

Citation

CA-24NCvC-148-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-24NCvC-148-08/2022 (Mahkamah Tinggi)

The court held the plaintiff commenced proceedings by the wrong mode: challenges to a state authority's imposition of land tax involve a public law element and should be pursued by judicial review under Order 53; furthermore the claim was premature because the plaintiff had not paid any taxes for PM32426. Accordingly the originating summons was dismissed with costs.
20 May 2021

TAN SIONG TECK 1. ) BUTTERWORTH HUP SENG TRADING SDN BHD 2. ) TANG HONG KIM 3. ) TAN SWEE GEK 4. ) TAN SWEE GOAY 5. ) TANG SWEE IM 6. ) TEOH CHEE KIANG 7. ) TANG HONG YEAN

Citation

PA-24NCC-2-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCC-2-02/2020 (Mahkamah Tinggi)

The defendants' strike out application succeeds because the current originating summons is barred by res judicata: the earlier winding up petition between the same parties on the same grounds was struck out for wrong mode of proceedings and that decision was binding; the plaintiff should have appealed and cannot refile after striking out, therefore the originating summons must be struck out and conversion to a writ is refused.