Malaysia Case Law: Decisions & Judgments

Topic

Strike out counterclaim

Legal area

Court

29 Jan 2024

Bank Pertanian Malaysia Berhad 1. ) LF Marketing Sdn Bhd 2. ) Guan Lip Fatt @ Chin Lip Fatt 3. ) Cheong Tho Moi

Citation

NA-22M-124-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-22M-124-08/2023 (Mahkamah Tinggi)

Because the defendants failed to comply with court directions to file affidavit replies and written submissions, failed to attend the hearing (filing a last-minute adjournment letter which the court found not credible) and therefore admitted the plaintiff's affidavit evidence, the court allowed the plaintiff's applications: entered judgment for the plaintiff and struck out the defendants' counterclaim, awarding costs of RM1,500 for each application (total RM3,000).
8 Dec 2023

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

Citation

WA-22NCC-183-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-183-04/2023 (Mahkamah Tinggi)

The proviso to s17 MLA and the identical contractual clause permit charging simple default interest at 8% p.a. on unpaid sums in addition to the contractual interest; concurrent running of the 10% contractual interest and 8% default interest does not constitute compound interest, no triable issues were shown, and the 1st and 2nd Defendants' counterclaims are plainly unsustainable; accordingly both the plaintiff's summary judgment and strike out applications are allowed.
27 Jul 2023

RHB BANK BERHAD 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

Citation

WA-22NCC-451-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-451-09/2022 (Mahkamah Tinggi)

The guarantees expressly extended to liabilities arising from restructurings and the Fourth Offer incorporated existing securities; the interest variations were compliant with contractual notice provisions; the facilities were on‑demand and the termination notices were valid; certificates of indebtedness were conclusive absent pleaded manifest error; the defendants raised no triable issues and their counterclaim was frivolous; accordingly summary judgment and strike out were warranted.

Malaysia Case Law

Bank Pertanian Malaysia Berhad 1. ) LF Marketing Sdn Bhd 2. ) Guan Lip Fatt @ Chin Lip Fatt 3. ) Cheong Tho Moi

MAA CREDIT BERHAD 1. ) BEST BIRDNEST SDN BHD 2. ) GREENPOWER VALUE SDN BHD 3. ) DATUK LIM SUE BENG 4. ) LEE SIAH SIAN @ LEE HAY MN

RHB BANK BERHAD 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE