PUA KOK HONG v PUAH CHOON WEI

aa-22ncvc-105-12-2023 High Court (Mahkamah Tinggi) 16 July 2025 • AA-22NCvC-105-12/2023 • 7 min read
11 cases cited (0 SG, 11 foreign)

Outcome

For all the reasons stated above, the Plaintiff’s application to strike out the Defendant’s Counterclaim is allowed with costs of RM5000.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (aa-22ncvc-105-12-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Civil Procedure — Whether plaintiff’s application to strike out defendant’s counterclaim under O 18 r 19 of the Rules of Court 2012 had to be allowed — Whether counterclaim merely repeated same issues defendant had raised to oppose summary judgment application which court found were devoid of merit and entered summary judgement— Whether defendant’s counterclaim was an abuse of process and barred by res judicata — Whether counterclaim was an improper attempt to revive issues already determined in favour of the plaintiff — Whether failure to appeal summary judgment precluded further challenge by counterclaim — Whether counterclaim disclosed no reasonable cause of action and was frivolous or vexatious — Whether court entitled to strike out counterclaim and dismiss action to preserve finality of litigation and avoid inconsistent judgments

Practice Areas

Civil Procedure

Judges (1)

Moses Susayan Delivered

Counsel (5)

Law Chambers of Han & Zi Firm The Law Offices of L.A Gomes, Meor Shaazizi & Associates Firm Danielle Andrea Gomes Counsel Defendant Elyse Ng Counsel Plaintiff LA Gomes Counsel Defendant

Parties (2)

Pua Kok Hong Plaintiff Puah Choon Wei Defendant

Statutes Cited

Rules of Court 2012

Cases Cited (11)

MY (11)
[2002] MLJU 379 [2011] 1 AMR 628 [2011] 3 CLJ 567 [2016] MLJU 1609 [2021] AMEJ 1094 [2022] MLJU 3359 [2023] 10 CLJ 592 [2023] 2 AMR 820 [2023] 3 CLJ 258 [2023] AMEJ 1888 [2024] 8 MLJ 447

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-22ncvc-105-12-2023)