Malaysia Case Law: Decisions & Judgments

Topic

Strike out of pleadings

Legal area

Court

8 Jan 2026

LIM AI LING VENUS ASSETS SDN BHD

Citation

WA-22NCvC-556-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-556-08/2021 (Mahkamah Tinggi)

The Court held that by effect of the amendment to s.68(1) of the Courts of Judicature Act 1964 (effective 1 October 2022) appeals to the Court of Appeal are statutorily barred where the High Court dismissed any application to strike out a writ or pleading; accordingly the defendant's appeals against the High Court's dismissal of their strike out applications were incompetent and not maintainable and must be dismissed/struck out.
30 Sept 2025

LUA WEI HUN AIA BHD.

Citation

JA-22NCC-24-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-24-03/2025 (Mahkamah Tinggi)

The court allowed discovery in part because the Handbook, commission/sales records, policy lists, investigation/termination records (non‑privileged) and LIAM referral correspondence are relevant and necessary to determine wrongful termination, rebut misconduct allegations and quantify loss; the defendant may assert privilege by affidavit. The strike out application was dismissed because the pleaded claims, however extravagant (including the RM447 billion figure), disclosed triable issues and were not plainly or obviously unsustainable. The consolidation and transfer application was allowed be…
19 Jun 2025

YHS RESOURCES SDN BHD DAMANSARA REALTY (PAHANG) SDN BHD

Citation

WA-22NCvC-737-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-737-11/2024 (Mahkamah Tinggi)

Given the unfulfilled conditions precedent and the express contractual provisions (Clause 10(c) and Clause 15(b)) whereby the Plaintiff waived rights to bring claims arising from non-fulfilment, the impugned paragraphs 40(a) and 40(c)–(o) are plainly unsustainable on their face, disclose no reasonable cause of action and constitute an abuse of process; they are therefore struck out under Order 18 Rule 19(1) ROC 2012.
26 Feb 2025

TUAN KHAIRUL ANNUAR BIN TUAN YUSOF NOOR NASHRIQ BIN SEKARNOR

Citation

DA-A72NCC-58-04/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-A72NCC-58-04/2024 (Mahkamah Majistret)

On the balance of probabilities the Court found no binding Friendly Loan Agreement between Plaintiff and Defendant; Plaintiff lacked locus standi and the statement of claim failed to disclose a reasonable cause of action, was plain and obviously unsustainable and constituted an abuse of process; therefore the Defendant's application to strike out under Order 18 r19 was allowed with costs.
30 Oct 2023

SMJ TRANS-TRADE AGENCY LIZIZ STANDACO SDN BHD

Citation

DA-22NCvC-2-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-2-01/2023 (Mahkamah Tinggi)

The Statement of Claim was struck out because it was general and lacked material particulars (no agreement date or terms, no dates of services, no invoice particulars or breach date) such that it did not disclose a reasonable cause of action; the claim was therefore frivolous and/or vexatious and an abuse of the court's process, justifying allowance of the defendant's strike out application under Order 18 r.19 and dismissal of the writ and statement of claim with costs.
18 Jul 2023

JAMILAH BINTI TAIB 1. ) XXXX 2. ) Universiti Malaysia Kelantan (UMK)

Citation

DA-21NCvC-4-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-21NCvC-4-02/2021 (Mahkamah Tinggi)

On balance of probabilities the relationship was contractual and the university validly exercised clause 9 to terminate with one month pay in lieu; defendants were entitled to use the contractual termination option despite antecedent disciplinary correspondence; the plaintiff failed to prove termination unlawful and is not entitled to compensation, therefore the claim is dismissed with costs.
1 Mar 2023

1. ) WONG YONG FOOK 2. ) WONG HONG HWA COUNTRY GARDEN PACIFICVIEW SDN. BHD.

Citation

JA-12ANCvC-59-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12ANCvC-59-06/2022 (Mahkamah Tinggi)

The High Court dismissed all three appeals and affirmed the Sessions Court: defendants failed to show the plaintiff's claim was plainly and obviously unsustainable; the effective payment including promotional rebate exceeded 10% so the HDR deposit complaint was misconceived; even if HDR contravention were established, that would not automatically void the SPA; defendants raised no triable issues to defeat summary judgment and their counterclaim did not disclose a reasonable cause of action; specific performance and striking out of the counterclaim were correctly ordered.
11 Nov 2022

IPI SDN BHD 1. ) IPI GRAPHIC SYSTEMS SDN BHD 2. ) HENTRY VIENSION A/L A. MUNIANDY 3. ) TAN LAY KAH 4. ) DANIEL A/L MUTHUSAMY 5. ) CHONG HIN YOON

Citation

BL-22NCvC-8-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-8-04/2022 (Mahkamah Tinggi)

Claims against defendants 2–5 were struck out because the statement of claim failed to plead facts sufficient to hold the directors personally liable or to justify lifting the corporate veil; plaintiffs attempted to introduce essential factual allegations via affidavit rather than pleadings; emails relied on did not prima facie show mala fide conduct; the pleaded case against those defendants disclosed no sustainable cause of action and constituted an abuse of process, justifying strike out under Order 18 r19(1)(b),(c) and (d).
22 Jun 2022

1. ) PERNIAGAAN ZHENG SHENG 2. ) KHOR HUNG HUAT 1. ) PERNIAGAAN ZHENG SHENG 2. ) YAP WAI MENG

Citation

CA-A73KJ-345-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A73KJ-345-12/2021 (Mahkamah Majistret)

On balance of probabilities the court held the writ filed on 2 December 2021 was within the period covered by the emergency temporary measures and the Chief Justice's Direction which exempted compliance with statutory time limits up to 31 December 2021; therefore the strike-out application (KM9) failed and the writ and statement of claim were not set aside.
23 Mar 2022

PAINT MARKETING CO. (M) SDN BHD CHINA CONSTRUCTION SDN YANGTZE RIVER (MALAYSIA) SDN BHD

Citation

WA-A72NCC-39524-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCC-39524-12/2021 (Mahkamah Majistret)

The application to strike out and to stay proceedings was dismissed because the pleadings disclosed a viable cause of action: invoices for goods ordered and delivered between 17.8.2020 and 16.12.2020 were admitted by the defendant, who failed to prove factual 'inability' under Section 7 of the Covid-19 Act or that performance was prevented by measures under the Prevention and Control of Infectious Diseases Act; strike out is inappropriate absent a plain and obvious unsustainable claim.