Malaysia Case Law: Decisions & Judgments

Topic

Strike-out

Legal area

Court

29 Aug 2025

SELVARAJAN A/L VEERIAH 1. ) BANGSAR AMAN MANAGEMENT CORPORATION 2. ) KARTHIGASU A/L K. RATNASINGAM 3. ) FOO JIA-HOU 4. ) ANG LING LING 5. ) ADRIAN HO TUCK DJI 6. ) RUBAN SATKUNA NATHAN 7. ) PLANET GARDENS SDN BHD 8. ) LIEW TZE HANN 9. ) ISA

Citation

WA-22NCvC-777-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-777-12/2024 (Mahkamah Tinggi)

The 9th Defendant, an external auditor contracted solely to the Management Corporation and appointed pursuant to s.62 SMA 2013, owed no duty of care to the individual proprietor (Plaintiff); consequently the Plaintiff's pleadings against the 9th Defendant were obviously unsustainable and constituted an abuse of process, warranting striking out of the claim against the 9th Defendant.
26 Mar 2025

AZMAN BIN ABDUL GHANI 1. ) RANHILL UTILITIES BERHAD 2. ) RANHILL WATER SERVICES SDN BHD

Citation

WA-22C-58-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-58-07/2024 (Mahkamah Tinggi)

The court struck out the writ and statement of claim against both defendants because the pleadings failed to disclose any reasonable cause of action against Defendant One (all relevant references related to Defendant Two and there was no contractual link to Defendant One) and the Plaintiff had not amended or pleaded any cause of action against Defendant Two within a reasonable time; the claim was therefore frivolous/scandalous and an abuse of process, warranting dismissal with costs.
14 May 2024

1. ) AKADEMI MEMANDU KIST SDN. BHD. 2. ) NOOR HASLINA BINTI ABDULLAH 3. ) BAHRI BIN MOHAMAD ZIN 4. ) NURUL HIDAYAT BINTI MOHD KASIM 1. ) Tetuan Mohamed A. Ali & Associates 2. ) FIREROCK PROTECTION (M) SDN. BHD. 3. ) SUNNYWARD SDN. BHD.

Citation

DA-22NCvC-39-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-39-07/2023 (Mahkamah Tinggi)

The court concluded the statement of claim against the third defendant failed to disclose any reasonable cause of action, was frivolous and an abuse of process because the pleaded allegations against the third defendant were limited to reliance on a solicitor's letter and provision of a bank account number without particulars of concerted planning; accordingly the third defendant's strike‑out application succeeded.
2 Feb 2021

ASPALELA BINTI RAMLY DR. TAWFIQUE HASAN CHOWDHURY

Citation

BA-B53F-20-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B53F-20-10/2020 (Mahkamah Sesyen)

The strike-out application failed because the court found the plaintiff had sufficiently pleaded the defamatory statements and a cause of action (referencing paras 9-16 and the letter dated 2.10.2020); challenges on truth, privilege or fair comment could not be determined on a strike-out application and required full trial; the defendant's application was frivolous and an abuse of process and was dismissed with costs.
27 Jul 2020

Mohd Zain Bin Harun Abdul Rahim Bin Mokhtar

Citation

BA-22NCvC-397-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-397-09/2019 (Mahkamah Tinggi)

The court found material factual disputes requiring viva voce evidence (agreement completion date, payment of RM174,000, and validity of the Development Order) so the claim was not obviously unsustainable on its face; therefore the strike‑out application was dismissed and the writ and statement of claim were not struck out.

Malaysia Case Law

SELVARAJAN A/L VEERIAH 1. ) BANGSAR AMAN MANAGEMENT CORPORATION 2. ) KARTHIGASU A/L K. RATNASINGAM 3. ) FOO JIA-HOU 4. ) ANG LING LING 5. ) ADRIAN HO TUCK DJI 6. ) RUBAN SATKUNA NATHAN 7. ) PLANET GARDENS SDN BHD 8. ) LIEW TZE HANN 9. ) ISA

AZMAN BIN ABDUL GHANI 1. ) RANHILL UTILITIES BERHAD 2. ) RANHILL WATER SERVICES SDN BHD

1. ) AKADEMI MEMANDU KIST SDN. BHD. 2. ) NOOR HASLINA BINTI ABDULLAH 3. ) BAHRI BIN MOHAMAD ZIN 4. ) NURUL HIDAYAT BINTI MOHD KASIM 1. ) Tetuan Mohamed A. Ali & Associates 2. ) FIREROCK PROTECTION (M) SDN. BHD. 3. ) SUNNYWARD SDN. BHD.

ASPALELA BINTI RAMLY DR. TAWFIQUE HASAN CHOWDHURY

Mohd Zain Bin Harun Abdul Rahim Bin Mokhtar