NI, KE v 1. ) CHEE CHERN CHUN 2. ) SHINE DC TECHNOLOGY SDN. BHD.

wa-22ncvc-211-03-2025 High Court (Mahkamah Tinggi) 20 July 2025 • WA-22NCvC-211-03/2025

Catchwords

This case relates to the plaintiff’s application to withdraw the suit with liberty to file afresh under Order 21 rule 3 of the Rules of Court 2012. The court held that the proceedings had not reached an advanced stage and that the argument of the defendants on procedural advantages were merely technical. On the facts, the issue of locus standi was a curable procedural defect, not a substantive bar. Refusing liberty would cause disproportionate prejudice to the plaintiff. The application was therefore allowed.

Practice Areas

Civil Procedure

Judges (2)

Ahmad Shahrir b. Mohd Salleh Delivered Roslan bin Mat Nor Delivered

Parties (3)

SHINE DC TECHNOLOGY Sdn Bhd Defendant Chee Chern Chun Defendant Ni, Ke Plaintiff

Judgment

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Read on eJudgment

Source: eJudgment (wa-22ncvc-211-03-2025)