BUMIKONSERV SDN. BHD. v 1. ) NCG LAND SDN. BHD. 2. ) V. P. PLASTICS SDN. BHD.

pa-22ncvc-120-08-2024 High Court (Mahkamah Tinggi) 20 October 2025 • PA-22NCvC-120-08/2024

Catchwords

O 21 r 3 of the ROC 2012 - Discontinuance of action with leave with liberty to file afresh – factors to be considered by the court before granting the order for discontinuance of an action – failure to provide any cogent or reasonable explanation to support its application for the discontinuance - the stage of the proceedings – whether Plaintiff would gain an unfair advantage over the Defendants by re-drafting and re-filing a new statement of claim, having the benefit of identifying and addressing the defects in its current pleading which is fatal to its case – which party is the dominus litis (i.e. master of the suit)

Practice Areas

Civil Procedure

Judges (1)

Wendy Ooi Su Ghee Delivered

Parties (3)

BUMIKONSERV Sdn Bhd Plaintiff NCG LAND Sdn Bhd Defendant V. P. PLASTICS Sdn Bhd Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-22ncvc-120-08-2024)