5 May 2021
Muhamad Eaddie bin Abdullah @ Awang [ Identity Card No.: 820304115629 ] Leng Tat Kong [ Identity Card No.: 780905065476 ] S Sathy Vel Naidu a/l Shunmugam [ Identity Card No.: 610430025717 ]
- Citation
- CA-A72NCvC-435-12/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CA-A72NCvC-435-12/2019 (Mahkamah Majistret)
The court allowed discontinuance with liberty to file afresh because the plaintiffs' solicitor was properly authorised and the affidavit in support concerned non-contentious factual matters within her knowledge, the clerical NRIC error justified withdrawal rather than dismissal, estoppel did not apply as the defendant had not shown abandonment or consistent conduct, and permitting refiling avoided unfairly penalising the plaintiffs for their solicitor's mistake without causing irremediable prejudice to the defendant.