YHS RESOURCES SDN BHD v DAMANSARA REALTY (PAHANG) SDN BHD
Catchwords
Notice of Application seeks to strike out part of the Plaintiff’s claim as pleaded in the Writ and Statement of Claim pursuant to Order 18 Rule 19(1)(a), (b) and/or (d) of the Rules of Court 2012. application is premised on Order 18 Rule 19(1) of the ROC 2012, on the following grounds: (a) That the said claims disclose no reasonable cause of action; (b) That they are scandalous, frivolous, and/or vexatious; (c) That they are obviously unsustainable; and/or (d) That they constitute an abuse of the Court’s process. The Defendant submitted that the Plaintiff failed to perform and comply with its obligations under the Term Sheet despite the Defendant having granted several extensions of time to the Plaintiff, which ultimately resulted in the Term Sheet lapsing and/or expiring. Court’s power to strike out pleadings must be exercised with caution. However, where the pleadings disclose no reasonable cause of action, and are plainly inconsistent with binding contractual terms, it is the Court’s duty to prevent abuse of process. In such circumstances, the judicial discretion under Order 18 Rule 19 ROC 2012 must be exercised to ensure that only justiciable claims proceed to trial. This decision does not preclude the parties from raising these issues at trial on para 40 (b) and the counterclaim, nor should it be taken as a ruling on the ultimate merit of the Plaintiff’s claims. It is simply a recognition that those matters are not suitable for summary determination. The Plaintiff’s claim under paragraph 40(b) and the Defendant’s counterclaim shall proceed to full trial.
Practice Areas
Notice of Application seeks to strike out part of the Plaintiff’s claim as pleaded in the Writ and Statement of Claim pursuant to Order 18 Rule 19(1)(a), (b) and/or (d) of the Rules of Court 2012. application is premised on Order 18 Rule 19(1) of the ROC 2012, on the following grounds: (a) That the said claims disclose no reasonable cause of action; (b) That they are scandalous, frivolous, and/or vexatious; (c) That they are obviously unsustainable; and/or (d) That they constitute an abuse of the Court’s process. The Defendant submitted that the Plaintiff failed to perform and comply with its obligations under the Term Sheet despite the Defendant having granted several extensions of time to the Plaintiff, which ultimately resulted in the Term Sheet lapsing and/or expiring. Court’s power to strike out pleadings must be exercised with caution. However, where the pleadings disclose no reasonable cause of action, and are plainly inconsistent with binding contractual terms, it is the Court’s duty to prevent abuse of process. In such circumstances, the judicial discretion under Order 18 Rule 19 ROC 2012 must be exercised to ensure that only justiciable claims proceed to trial. This decision does not preclude the parties from raising these issues at trial on para 40 (b) and the counterclaim, nor should it be taken as a ruling on the ultimate merit of the Plaintiff’s claims. It is simply a recognition that those matters are not suitable for summary determination. The Plaintiff’s claim under paragraph 40(b) and the Defendant’s counterclaim shall proceed to full trial.
Judges (1)
Case Significance
YHS RESOURCES SDN BHD v DAMANSARA REALTY (PAHANG) SDN BHD is a High Court (Mahkamah Tinggi) decision dated June 18, 2025 (citation: wa-22ncvc-737-11-2024). The case was decided by Mahazan binti Mat Taib.
What was the outcome of YHS RESOURCES SDN BHD v DAMANSARA REALTY (PAHANG) SDN BHD?
YHS RESOURCES SDN BHD v DAMANSARA REALTY (PAHANG) SDN BHD is a High Court decision dated June 18, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.