1. ) BUILTAMONT INTERNATIONAL SDN. BHD. 2. ) WONG YEON CHAI v ZAHILAH BINTI ABDUL WAHAB
Catchwords
Introduction 1. The Plaintiff applied for summary judgment against the Defendant under Order 14 of the Rules of Court 2012 (“the Rules”) whereas the Defendant applied to strike out the Plaintiff’s claim under order 18 Rule 19 of the Rules. 2. Both these provisions are reproduced here for ease of reference: 1. Application by Plaintiff for summary judgment (O. 14 r. 1) (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part thereof except as to the amount of any damages claimed, apply to the Court for judgment against that defendant. 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 22. In the upshot the Court allowed the Plaintiff’s claim for summary judgement against the Defendant with a cost of RM5,000 and dismissed the Defendant’s application to strike out the Plaintiff’s claim with a cost of RM3,000.
Practice Areas
Introduction 1. The Plaintiff applied for summary judgment against the Defendant under Order 14 of the Rules of Court 2012 (“the Rules”) whereas the Defendant applied to strike out the Plaintiff’s claim under order 18 Rule 19 of the Rules. 2. Both these provisions are reproduced here for ease of reference: 1. Application by Plaintiff for summary judgment (O. 14 r. 1) (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part thereof except as to the amount of any damages claimed, apply to the Court for judgment against that defendant. 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 22. In the upshot the Court allowed the Plaintiff’s claim for summary judgement against the Defendant with a cost of RM5,000 and dismissed the Defendant’s application to strike out the Plaintiff’s claim with a cost of RM3,000.
Judges (1)
Case Significance
1. ) BUILTAMONT INTERNATIONAL SDN. BHD. 2. ) WONG YEON CHAI v ZAHILAH BINTI A... is a High Court (Mahkamah Tinggi) decision dated April 21, 2025 (citation: wa-22ncvc-14-01-2025). The case was decided by Akhtar bin Tahir.
Key issues: Introduction.
What was the outcome of 1. ) BUILTAMONT INTERNATIONAL SDN. BHD. 2. ) WONG YEON CHAI v ZAHILAH BINTI A...?
1. ) BUILTAMONT INTERNATIONAL SDN. BHD. 2. ) WONG YEON CHAI v ZAHILAH BINTI A... is a High Court decision dated April 21, 2025. The case was heard by Akhtar bin Tahir. See the full judgment for details.