NG KER SINN v SINERJUTA SDN. BHD
wa-12ancvc-158-09-2024 High Court (Mahkamah Tinggi) 21 November 2024 • WA-12ANCvC-158-09/2024 • 5 min read
Outcome
In the upshot the Court allowed the appeal with no order as to cost and remitted the case back to the Sessions Court for trial.
Catchwords
Introduction 1. This is an appeal to this Court against the decision of the learned Sessions Judge allowing the Defendant’s application to strike out the Plaintiff’s claim under Order 18 Rule 19 of the Rules of Court 2012 (“the Rules”). 2. Order 18 Rule 19 of the Rules provide as follows: 19. Striking out pleadings and endorsements (O. 18 r. 19) (1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the endorsement, of any writ in the action, or anything in any pleading or in the endorsement, on the ground that- (a) it discloses no reasonable cause of action or defence, as the case may be; (b) it is scandalous, frivolous or vexatious; (c) it may prejudice, embarrass or delay the fair trial of the action; or (d) it is otherwise an abuse of the process of the Court, and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be. (2) No evidence shall be admissible on an application under subparagraph (1)(a). (3) This rule shall, as far as applicable, apply to an originating summons as if it were a pleading. Conclusion 15. In the upshot the Court allowed the appeal with no order as to cost and remitted the case back to the Sessions Court for trial.
Practice Areas
Judges (1)
Counsel (5)
Parties (2)
Judgment
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