Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Striking out parts of witness statement
  • 5 Jul 2024

    TANJUNG OFFSHORE SERVICES SDN BHD 1. ) VME PROCESS SYSTEMS MALAYSIA SDN BHD 2. ) VME PROCESS ASIA PACIFIC PTE LTD

    Citation
    WA-22IP-40-09/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22IP-40-09/2022 (Mahkamah Tinggi)

    Withdrawal of the counterclaim was permitted but without liberty to file afresh because defendants were unprepared despite having had years to prepare, the application was made after plaintiff had adduced its defence evidence on the counterclaim, and granting liberty would prejudice the plaintiff and risk abuse of process by allowing a second bite at the cherry.

    • Withdrawal of counterclaim
    • Liberty to file afresh
    • Abuse of process
    • Relevance and admissibility of witness evidence
    • Striking out parts of witness statement
    • Adjournment