Malaysia Case Law: Decisions & Judgments

Topic

Striking out under o.18 r.19

Legal area

Court

21 Apr 2025

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

Citation

WA-22NCC-332-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-332-05/2024 (Mahkamah Tinggi)

Court struck out the writ and Amended Statement of Claim because the plaintiffs failed to establish that the sale was a sham; contemporaneous documents, supplemental agreement, post‑acquittal conduct and full payment instalments demonstrate a genuine sale such that the plaintiffs' allegations are frivolous or unsustainable and the burden to displace in pari delicto via the Patel considerations was not discharged.
21 Apr 2025

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

Citation

WA-22NCC-332-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-332-05/2024 (Mahkamah Tinggi)

The writ and Amended Statement of Claim were struck out because the plaintiffs’ own pleaded admissions and contemporaneous documents demonstrated the share sale and subsequent agreements were genuine, the claim was thereby ex facie tainted by illegality/sham allegations unsupported by evidence, the plaintiffs failed to discharge the burden to displace the pari delicto bar, and the claims were frivolous or vexatious such that summary dismissal under Order 18 r 19 was justified.
21 Apr 2025

1. ) TADMANSORI HOLDINGS SDN. BHD. 2. ) DATUK SERI UTAMA TENGKU ADNAN BIN TENGKU MANSOR 3. ) DATO' DR. TENGKU RETHWAN BIN TENGKU MANSOR 1. ) DANCOM TELECOMMUNICATIONS (M) SDN. BHD. 2. ) THREE WELLS HOLDINGS SDN. BHD. 3. ) DATUK LIU THIM SOO

Citation

WA-22NCC-332-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-332-05/2024 (Mahkamah Tinggi)

The claim was struck out because the plaintiffs' pleaded case and affidavits admitted conduct consistent with a sham yet produced no contemporaneous internal documents to support the sham allegation; contemporaneous executed documents (Share Sale Agreement, Form of Transfer, Trust Deed, Supplemental Agreement, letters, and actual cheque instalments) and post-acquittal conduct demonstrated a genuine sale; the plaintiffs failed to discharge the burden to show the Patel trio of considerations displace in pari delicto; the writ and Amended Statement of Claim disclosed no reasonable cause of actio…
11 Sept 2023

Keah Kean Tong Rathidevi a/p Nadarajan

Citation

BA-24NCVC-486-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-486-03/2023 (Mahkamah Tinggi)

The OS was struck out because O.89 was improperly invoked: the defendants were previous owners and not trespassers ab initio, rendering the summary procedure inapplicable and the OS fatally defective; liberty was granted to file afresh as an ordinary suit.
28 Aug 2023

1. ) MOHD KHAIRUL HAQIMIE BIN KAMARUDDIN 2. ) Mohd Khairil Aizat Bin Kamaruddin 3. ) NUR KHAIRUN SYAZANA BINTI KAMARUDDIN 4. ) MOHD KAMAL IKHWAN BIN KAMARUDDIN 5. ) NUR KHAIRUNNISA ATIRAH BINTI KAMARUDDIN KAMARUDDIN BIN ABD RASHID

Citation

BA-24NCvC-730-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-730-04/2023 (Mahkamah Tinggi)

The originating summons was struck out/cancelled because the claim concerns a hibah (gift inter vivos) by a living Muslim donor and raises primary issues of Islamic law and disputed facts (different deed drafts, alleged undue influence, cancellation by donor) that fall within the exclusive or primary jurisdiction of the Syariah High Court; therefore the Civil High Court must decline to order specific performance/transfer until Syariah determination, and on the balance of probabilities the defendant satisfied the requirements to have the action dismissed as an abuse of process under O.18 r.19.
13 Sept 2022

RHB BANK BERHAD 1. ) INSTANT ACHIEVEMENT SDN BHD 2. ) YEONG JOO HOCK 3. ) TAN BEE KIM

Citation

JA-22NCC-71-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-71-08/2021 (Mahkamah Tinggi)

The court found the defendants' counter-claim plainly and obviously unsustainable: the bank owed no duty to investigate every progress certificate, the Facilities Agreement allowed waiver of conditions precedent, the certificate of indebtedness was conclusive absent manifest error, and there was no evidence attributing alleged employee misconduct to the bank; accordingly the counter-claim disclosed no reasonable cause of action and was struck out.
1 Sept 2021

Tiu Chee Tuan & 17 yang lain Pentadbir Tanah dan Daerah Kuala Selangor Pihak Berkuasa Negeri Selangor Jab Ukur dan Pemetaan Negeri Selangor Kerajaan Negeri Selangor Gabungan Melur Sdn Bhd Plusbury Development Sdn Bhd

Citation

BA-24NCVC-570-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-570-04/2021 (Mahkamah Tinggi)

The court found multiple serious triable issues of fact and mixed law—notably on river encroachment, prior recognition/permission by owners/developers, and statutory duties to resurvey and memorialise—which precluded summary disposal under O.18 r.19; therefore the 6th Defendant's striking-out application was dismissed and the 6th Defendant remains a necessary or proper party.
15 May 2021

Nik Hamdan bin Daud & 2 Lagi Samling Energy Sdn Bhd & 7 Lagi

Citation

WA-22NCC-459-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-459-09/2020 (Mahkamah Tinggi)

The court held the Amended Statement of Claim raised triable issues on insider dealing, breach of the consortium agreement and alleged fiduciary duties that were not plainly or obviously unsustainable; factual disputes and insufficient particularity did not justify summary striking out under O.18 r.19(1)(a),(b) or (d); Shahidan and Lai Soon Onn were distinguishable; the proper course was to allow a full trial rather than a summary dismissal; accordingly the striking out applications were dismissed with costs as ordered.
14 Dec 2020

1. PBJV GROUP SDN BHD 2. BARAKAH OFFSHORE PETROLEUM BERHAD 1. PETRONAS CARIGALI SDN BHD 2. PETROLEUM NASIONAL BERHAD (PETRONAS)

Citation

WA-22C-77-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-77-09/2019 (Mahkamah Tinggi)

On the face of the pleadings the plaintiffs disclosed a plausible cause of action in negligence and breach of a duty of due diligence such that the claim was not obviously unsustainable; material questions of fact exist (including the effect and scope of the Focused Recognition, disputed subcontractor claims and the contents of the adverse report relied on by D2) which require trial evidence; D2 relied solely on an adverse report from D1 without independent investigation and the pleadings and Notice of Demand sufficiently particularised claimed special damages to preclude summary striking out…
3 Sept 2020

PALAZZO EMPIRE SDN BHD TIOW WENG THEONG RAVANDIRAN A/L RAMAN KUTTY CHONG WENG HONG THE 19 USJ CITY MALL AND RHYTHM AVENUE JMB

Citation

BA-22NCVC-28-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-28-01/2020 (Mahkamah Tinggi)

At the material date of commencement (22 January 2020) the Plaintiff had no locus standi: he was neither recorded in the Register of Parcel Owners nor produced a sale and purchase agreement evidencing purchaser status; documents produced after commencement (letter 14.02.2020 and strata titles 17.03.2020) cannot cure lack of standing at commencement; the claim therefore was premature/obviously unsustainable as to the JMB management substratum and the suit was struck out under O.18 r.19 with interim reliefs set aside and costs awarded.