Malaysia Case Law: Decisions & Judgments

Topic

Striking out (o 18 r 19)

Legal area

Court

22 Apr 2024

TEA CHOO KENG TAN MENG HONG

Citation

JA-A52NCvC-15-01/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCvC-15-01/2024 (Mahkamah Sesyen)

The claim was struck out because, on the face of the pleadings and affidavits, the payments were made by the firm to the defendant as nominee of WLH under a contract between the firm and WLH (thus the payments were for WLH); plaintiff failed to satisfy the conditions for restitution under s71 (payments were not made for plaintiff or for defendant as donee) and plaintiff lacked locus standi to sue in his personal capacity as the firm, not plaintiff personally, bore any loss; the claim was therefore untenable, frivolous and an abuse of process.
25 Jul 2022

1. ) CHEN YOOK BEE 2. ) LOON CHEE WENG 3. ) LEONG TACK MING 4. ) TONY NG SOO MENG 5. ) PREMA A/P ACHU 6. ) WAI CHEE SENG 7. ) TAN ENG SOO 8. ) CHIN YEW SIN 1. ) NEUROGINE CAPITAL (L) LTD 2. ) EMAS FINTECH INC 3. ) CHEN CHEE ONN 4. ) JASON K

Citation

BA-22NCvC-160-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-160-04/2022 (Mahkamah Tinggi)

The striking out application was dismissed because the plaintiffs' pleadings disclosed arguable causes of action against D1 and D3 and material factual disputes exist that cannot be resolved on affidavits; the matter requires a full trial rather than summary disposal under O 18 r 19.
15 Oct 2021

Kainan Sdn Bhd Ocean Packaging & 1 Lagi

Citation

WA-12ANCC-85-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-85-06/2021 (Mahkamah Tinggi)

The Statement of Claim prima facie discloses a reasonable cause of action against the 2nd Defendant for misrepresentation and guarantee and raises triable issues including an admission by electronic message; the Sessions Court erred in cumulatively relying on O 18 r 19(1)(a) together with affidavit evidence and in striking out the SOC where the claim was not plainly unsustainable; the appeal is allowed and the striking out order set aside so the matters proceed to full trial.
14 Apr 2021

1.Lee Ewe Liang (No KP: 440806-07-5079) 2.Lee Ewe Bee (No KP: 430421-07-5159) PENCELAH 1.Wayrex Sdn Bhd (No Syarikat: 130212-D) 2.Hybrid Gold Sdn Bhd (No. Syarikat: 283499-T)

Citation

PA-24NCvC-435-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-435-05/2017 (Mahkamah Tinggi)

Leave to withdraw the interveners' notice of application (enclosure 11) was granted because the underlying action PA-22NCvC-123-06/2017 had been struck out and that decision affirmed on appeal, rendering the application academic; there was no mandatory filing requirement preventing oral withdrawal under O21 r6; the dominus litis principle did not bar withdrawal because the interveners had achieved the practical outcome by the striking out of the substantive action.
9 Feb 2021

1. ) Ocean Masters Logistics Sdn Bhd 2. ) MAHENDRAN A/L SHUNMUGAN SUNDARAM Zam Azimah Ghazilli

Citation

B52NCVC-280-10-2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

B52NCVC-280-10-2020 (Mahkamah Sesyen)

Defendant's own admissions and the exhibited WhatsApp communication established factual allegations that DSR and other documents were to be provided to a third party and raised triable issues of fact and law (breach of clause 8.1); therefore the claim was not on its face obviously unsustainable and the strike out under O 18 r 19 was refused.

Malaysia Case Law

TEA CHOO KENG TAN MENG HONG

1. ) CHEN YOOK BEE 2. ) LOON CHEE WENG 3. ) LEONG TACK MING 4. ) TONY NG SOO MENG 5. ) PREMA A/P ACHU 6. ) WAI CHEE SENG 7. ) TAN ENG SOO 8. ) CHIN YEW SIN 1. ) NEUROGINE CAPITAL (L) LTD 2. ) EMAS FINTECH INC 3. ) CHEN CHEE ONN 4. ) JASON K

Kainan Sdn Bhd Ocean Packaging & 1 Lagi

1.Lee Ewe Liang (No KP: 440806-07-5079) 2.Lee Ewe Bee (No KP: 430421-07-5159) PENCELAH 1.Wayrex Sdn Bhd (No Syarikat: 130212-D) 2.Hybrid Gold Sdn Bhd (No. Syarikat: 283499-T)

1. ) Ocean Masters Logistics Sdn Bhd 2. ) MAHENDRAN A/L SHUNMUGAN SUNDARAM Zam Azimah Ghazilli