Malaysia Case Law: Decisions & Judgments

Topic

Preliminary issue (order 33)

Legal area

Court

4 Jul 2024

MERU VALLEY RESORT BERHAD KAMINI KUMAR A/P GOPAL KUMAR

Citation

AA-12A-3-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12A-3-01/2024 (Mahkamah Tinggi)

The appeal is allowed: the defamation and malicious prosecution counterclaims are not sufficiently connected to the appellant's primary monetary claim and in any event are fatally defective for failure to translate the alleged defamatory words into Bahasa Melayu and for failure to plead the essential elements of malicious prosecution; accordingly those tort counterclaims are struck out and cannot proceed as part of the monetary action. The court is bound by precedent that Meru Valley Resort is a gated and guarded development. Costs awarded to appellant RM5,000.
24 Nov 2020

EXPRESS RAIL LINK SDN BHD SEMASA PARKING SDN BHD

Citation

WA-22NCVC-632-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-632-09/2018 (Mahkamah Tinggi)

The court held the Plaintiff waived any right to claim compensation for non‑performance at the agreed time by accepting the Defendant's performance at a later date without giving the notice required by section 56(3) Contracts Act 1950; consequently the Plaintiff had no cause of action and the claim was dismissed.
1 Jan 1900

CHENDELADEVAN A/L KUPPUSAMY MAJLIS BANDARAYA PULAU PINANG

Citation

PA-12ANCVC-16-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCVC-16-04/2019 (Mahkamah Tinggi)

The preliminary questions on licence validity did not meet the procedural thresholds of Order 14A or Order 33 to dispose of or substantially dispose of the suit; absence of a valid licence does not negate the appellant's locus standi as owner; Clause 4 of the by-laws does not require physical possession at the exact moment of application to defeat ownership; consequently the Sessions Court's orders declaring the licence invalid and striking out the claim were set aside and the matter remitted for full adjudication.

Malaysia Case Law

MERU VALLEY RESORT BERHAD KAMINI KUMAR A/P GOPAL KUMAR

EXPRESS RAIL LINK SDN BHD SEMASA PARKING SDN BHD

CHENDELADEVAN A/L KUPPUSAMY MAJLIS BANDARAYA PULAU PINANG