Malaysia Case Law: Decisions & Judgments

Topic

Originating summons vs writ

Legal area

Court

8 Oct 2025

YAP KET ONG 1. ) NABILA BINTI SHAMSUDDIN 2. ) MIZAN GLOBAL RESOURCES (M) SDN BHD

Citation

JA-24NCvC-1503-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-1503-11/2024 (Mahkamah Tinggi)

The originating summons was dismissed because there were material disputes of fact concerning compliance with the OTP which require oral evidence and cross‑examination at a full trial by writ; the caveat issue was moot after the defendant withdrew the caveat; and the damages claim is fact‑intensive and cannot be decided on affidavit in originating summons proceedings.
23 Sept 2025

MALAYSIA AIRPORTS (SEPANG) SDN. BHD. PLAZA PREMIUM LOUNGE MALAYSIA SDN. BHD.

Citation

WA-24NCvC-1284-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-1284-03/2025 (Mahkamah Tinggi)

The court found the relevant facts and contractual terms were undisputed and the dispute concerns construction of the Tenancy Agreement and verification of declared sales; therefore the originating summons is the appropriate procedural vehicle, the relief for production of POS/LMS records and an account may be granted summarily, Enclosure 12 (defendant's strike out/convert application) is dismissed, and the defendant may cross-examine the plaintiff's deponent(s).
29 Aug 2025

1. ) POH KEE LOCK 2. ) FENG YU HOLDINGS SDN BHD 1. ) IVAN GOH-LEE EN TATT 2. ) MOHD FAIZ BIN SAZALI

Citation

WA-24NCC-526-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-526-09/2023 (Mahkamah Tinggi)

The plaintiffs have locus standi under section 351 CA 2016 to seek the reliefs claimed, but there are substantial and material disputes of fact (including competing conduct, the December 2022 meeting and issues over financial statements and breaches) that cannot be resolved on affidavit evidence alone; accordingly the Originating Summons is dismissed with liberty to file a writ action and for directions to plead, and costs of RM30,000 awarded to defendants.
29 Aug 2025

1. ) POH KEE LOCK 2. ) FENG YU HOLDINGS SDN BHD 1. ) IVAN GOH-LEE EN TATT 2. ) MOHD FAIZ BIN SAZALI

Citation

WA-24NCC-526-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-526-09/2023 (Mahkamah Tinggi)

The plaintiffs have locus standi under s351 CA 2016 to seek the remedies claimed, but there are substantial and material disputes of fact (eg whether the plaintiff competed with ParkSpots, whether a December 2022 meeting occurred, whether breaches of the SHA and statutory accounting obligations occurred) that cannot be resolved on affidavit evidence; accordingly the originating summons procedure was inappropriate and the OS is dismissed with liberty to commence a writ action for full trial.
6 May 2025

EXPORT-IMPORT BANK OF MALAYSIA BERHAD 1. ) CHAN TOH PEW 2. ) AMY LAU SIU YIN 3. ) HO WAI LOONG

Citation

WA-22NCC-787-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-787-11/2024 (Mahkamah Tinggi)

The application to transfer was allowed because the balance of relevant factors favoured transfer: the 1st and 2nd Defendants reside in Ipoh, there is a substantial nexus between Suit 787 and related proceedings already pending in Ipoh which may directly affect the guarantors' liability, and the interests of justice (including avoidance of inconsistent decisions and case management efficiency) outweighed the Plaintiff's arguments about forum convenience and KL commercial court specialization.
25 Feb 2025

Mohamad Haikal bin Asman GOLDEN ENVOY (M) SDN BHD

Citation

JH-A54-7-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JH-A54-7-08/2024 (Mahkamah Sesyen)

Because the court found substantial disputes of fact (including the period and calculation of delay, the correct start and end dates for delivery, applicability of statutory exemptions and the need for witness evidence), the proceedings were improperly commenced by originating summons; therefore the originating summons (application at Annex 1) was dismissed and not allowed, with no order as to costs.
11 Dec 2024

1. ) Hah Chee Keong 2. ) Hah Kin Keong Wai Fook Thye

Citation

CB-24NCvC-154-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCvC-154-07/2024 (Mahkamah Tinggi)

The court held that the plaintiffs' final registered grant GM 10739 Lot 46041 with a JUPEM certified plan is conclusive under s89 read with s396 of the National Land Code 2020, no cogent evidence of fraud or statutory ground under s340 was shown to impeach the title, therefore the plaintiffs are entitled to the declaratory reliefs and relief for trespass sought; the originating summons need not be converted to a writ as the dispute can be resolved on affidavits and documentary evidence.
30 Apr 2024

PEMIUTANG PENGHAKIMAN LONG KEE PILING WORKS SDN. BHD. PENGHUTANG PENGHAKIMAN CHANG KIAN CHIANG

Citation

JA-29NCC-597-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-597-09/2023 (Mahkamah Tinggi)

The court granted the stay under s.97 because the debtor demonstrated sufficient reason: the High Court originating summons predated the alleged act of bankruptcy, is promptly listed for trial and can be disposed quickly, the debtor would suffer greater prejudice if bankruptcy proceeded, and the creditor would not suffer serious prejudice because alternative execution remedies remain available; costs ordered to follow the originating summons action.
14 Nov 2023

1. ) Khew Keat Seen 2. ) Lau Lai Hun (Pentadbir Estet Khew Kiat Wee, Si Mati (No. K/p: 670114-10-5605 / A0655729)) 3. ) Khew We Siang (Pentadbir Estet Khew Kok Hoong, Si Mati (No. K/p: 550714-10-6015 / 8167979)) 4. ) Khew Kok Fei 1. ) Khew

Citation

BA-22NCvC-462-08/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-462-08/2017 (Mahkamah Tinggi)

Because the Consent Judgment dated 25.6.2015 remained valid and binding, the plaintiffs' claimed reliefs (which would alter the sale mechanism and distribution of proceeds set out in the Consent Judgment) would have the effect of varying that Consent Judgment; the plaintiffs did not plead any vitiating grounds to set the Consent Judgment aside and commenced by writ rather than the appropriate originating summons procedure for questions of law; accordingly the Court had no jurisdiction to grant the reliefs and the writ action was properly struck out under Order 14A ROC.
10 Nov 2023

1. ) CHOOI SENG MIN 2. ) KAN SOOK KUAN 1. ) KAN SOOK TING 2. ) Pentadbir Tanah Daerah Seremban

Citation

NA-24NCvC-236-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-24NCvC-236-05/2023 (Mahkamah Tinggi)

On balance of probabilities the court found substantial and material disputes of fact regarding Kan Yan Heng's physical and mental capacity that could not be resolved on affidavit evidence alone; pursuant to Order 28 rule 8 the originating summons was converted to writ to allow full trial with oral evidence, expert psychiatric assessment and cross-examination, and the originating summons procedure was therefore inappropriate.