Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prejudice to third parties

Legal area

Court

5 Jan 2026

Chandra Sekar 1. ) Sunthar A/L Peria Thamby 2. ) Nisham Electrical & Construction Sdn Bhd

Citation

BA-22NCvC-221-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-221-06/2025 (Mahkamah Tinggi)

The court exercised its discretion to refuse joinder because the pleaded allegations against the proposed defendant lacked sufficient particularity and clarity at the interlocutory stage, there was significant potential prejudice to a private individual who appears more properly called as a witness, and limitation issues could not be conclusively resolved interlocutorily; accordingly joinder was not justifiable and was refused with costs.
7 Jul 2023

1. ) DATO' WONG FONG LENG 2. ) LI MEDICAL SDN. BHD. 1. ) Pendaftar Syarikat, Suruhanjaya Syarikat Malaysia 2. ) LIM BOON PING

Citation

WA-24NCC-659-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-659-05/2022 (Mahkamah Tinggi)

Applicant failed to demonstrate the company was carrying on business at the time of striking off or that reinstatement was just; applicant's own conduct contributed to non-compliance (refusal to sign 2017 accounts) and reinstatement would be unjust and prejudicial; court therefore exercised its discretion under s.555 to refuse reinstatement and dismissed the originating summons with costs to the defendants.