Malaysia Case Law: Decisions & Judgments

Topic

Order 92 rule 4 roc 2012

Legal area

Court

9 Oct 2025

Mohd Zamri Bin Mohd Nor (BERNIAGA SEBAGAI NAZA GLOBAL TRADE & SERVICES) (NO. PENDAFTARAN: 202203259837 (003438973-K)) 1. ) TENAGA NASIONAL BERHAD 2. ) Suruhanjaya Syarikat Malaysia (SSM)

Citation

WA-24NCvC-4475-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-4475-11/2024 (Mahkamah Tinggi)

The Court has jurisdiction under Order 92 Rule 4 and its inherent powers to grant consequential directions to ensure implementation of its earlier decision; an arbitrator cannot refuse to proceed where such refusal would nullify a binding High Court determination, and therefore the plaintiff's application is granted requiring resumption of the arbitration and compliance with the Court's April 16, 2025 ruling.
20 Jun 2024

Tenaga Nasional Berhad (TNB) Pritum Kaur A/P Bachan Singh

Citation

AF-A72NCvC-8-09/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AF-A72NCvC-8-09/2023 (Mahkamah Majistret)

Application dismissed because the defendant failed to prove the items/documents sought were relevant, necessary for fair disposal or cost-saving under O.24 r.8, and failed to show they were in the possession, custody or power of the plaintiff or non-party; the request was overbroad and amounted to a fishing expedition, and reliance on Order 92 r.4 was inappropriate given specific Rules of Court provisions.
10 Jun 2024

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

Citation

JB-12ANCvC-12-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCvC-12-12/2023 (Mahkamah Tinggi)

Both appeals are dismissed. The High Court held the LSJ's allowance to produce the forensic report was an interlocutory ruling made in the course of trial and not appealable; alternatively, the LSJ did not err in exercising discretion to admit the report given stage of trial and absence of real prejudice. Appeal against refusal to stay was nugatory and the Record of Appeal in Appeal No.12 was defective for failing to include pleadings. Plaintiffs were granted liberty to recall witnesses regarding the forensic report. Costs awarded: RM1,000 for Appeal No.11 and RM2,000 for Appeal No.12.
20 Oct 2022

1. ) Lee Li Wun 2. ) Lee Mee Wun 3. ) Muhammad Badrul Amin Lee Bin Abdullah 4. ) Lee Li Wun (Wakil Peribadi Mak Chee Yook (No. Kp: 330108-71-5158), Si Mati 1. ) Lee Yong Wun 2. ) Maneemallah a/p V. Ganesan 3. ) PENTADBIR TANAH DAERAH KUANTA

Citation

BA-21NCC-2-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCC-2-03/2020 (Mahkamah Tinggi)

The court held it possessed inherent jurisdiction under Order 92 r.4 ROC 2012 to vary a sealed custody order where there is a material change in circumstances affecting the welfare of the protected person; D1's medical evidence demonstrated such a material change and risk to the Father's health, therefore Enclosure 172 succeeded and the Order dated 7.9.2020 was varied; no order as to costs.
23 Oct 2020

Frankey Leong Pit Fui Foong Da Realty Development

Citation

S-02(IM)(NCvC)-389-03/2019 (Mahkamah Rayuan)
Court

IM
Case number

S-02(IM)(NCvC)-389-03/2019 (Mahkamah Rayuan)

The Court held Suit 123 was plainly and obviously barred by res judicata in both its narrow and wider senses because it raised the same subject matter and issues as Suit 92 (which after full trial declared respondent beneficial owner and the landowners bare trustees) or issues that could and ought to have been raised earlier; therefore the strike out under Order 18 r19 and Order 92 r4 was proper and the appeal was dismissed.

Malaysia Case Law

Mohd Zamri Bin Mohd Nor (BERNIAGA SEBAGAI NAZA GLOBAL TRADE & SERVICES) (NO. PENDAFTARAN: 202203259837 (003438973-K)) 1. ) TENAGA NASIONAL BERHAD 2. ) Suruhanjaya Syarikat Malaysia (SSM)

Tenaga Nasional Berhad (TNB) Pritum Kaur A/P Bachan Singh

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

1. ) Lee Li Wun 2. ) Lee Mee Wun 3. ) Muhammad Badrul Amin Lee Bin Abdullah 4. ) Lee Li Wun (Wakil Peribadi Mak Chee Yook (No. Kp: 330108-71-5158), Si Mati 1. ) Lee Yong Wun 2. ) Maneemallah a/p V. Ganesan 3. ) PENTADBIR TANAH DAERAH KUANTA

Frankey Leong Pit Fui Foong Da Realty Development