JANWELL SDN BHD v TEGUH MAJURIA SDN BHD

ba-22ncvc-7-01-2021 High Court (Mahkamah Tinggi) 9 December 2024 • BA-22NCvC-7-01/2021 • 6 min read
6 cases cited (0 SG, 6 foreign)

Outcome

lar action to that ordered to be struck out, without any explanation then or at any later time for a failure to obey the peremptory order, he should not be surprised that the commencement of the second action is found to be an abuse of the process of the court and for that reason it, too, is struck out.”.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-22ncvc-7-01-2021). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

CIVIL PROCEDURE: Plaintiff’s suit was struck out due to failure to comply pre-trial directions – Application to set aside the order and to reinstate the suit – Preliminary Objection - Whether the Court was functus officio to decide the applications - Mode of proceedings to challenge the impugned decision – Whether proper mode of challenging the dismissal is by way of an appeal to the Court of Appeal or by applications in the present suit

Practice Areas

Civil Procedure

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (5)

Christopher Yeo & KP Chang Firm Wee Choo Keong & Faaiz Firm Muhammad Qayyim Irfan bin Baharuddin Counsel Plaintiff Wee Choo Keong Counsel Defendant Yeo Wei Min Counsel Defendant

Parties (2)

JANWELL Sdn Bhd Plaintiff TEGUH MAJURIA Sdn Bhd Defendant

Cases Cited (6)

UK (1)
[1981] 3 All ER 78
MY (5)
[1981] 1 MLJ 143 [1998] 1 MLJ 393 [2001] 3 CLJ 233 [2010] 4 MLJ 17 [2015] MLJU 712

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-7-01-2021)