Ooi Chih-Jen
About Ooi Chih-Jen
Ooi Chih-Jen appears as counsel of record in 3 reported Malaysia judgments (2023–2026). These were heard before MYHC (3).
On the court record
Engages the strike-out jurisdiction under Order 18 rule 19, restitutionary recovery under section 71 of the Contracts Act 1950, and the procedural rules governing committal proceedings.
Ooi Chih-Jen's reported work in this corpus is concentrated in the High Court (Mahkamah Tinggi) and touches contract, restitution and civil procedure. As counsel for a defendant, he acted on an application to strike out an amended writ and statement of claim under "Aturan 18 Kaedah 19(1)(a), (b) dan (d) Kaedah-Kaedah Mahkamah 2012" (Order 18 rule 19(1)(a), (b) and (d) of the Rules of Court 2012). The application succeeded on the footing that the pleading failed to disclose a reasonable cause of action — the court observing that what had been pleaded was "hanyalah tanggungjawab umum dan kesimpulan undang-undang, bukan fakta material" (merely general duties and conclusions of law, not the material facts) required by Order 18 rule 7.
In a further matter he appeared for a defendant developer in a "quantum meruit" claim, where a sub-contractor sought payment from a developer with whom it had no contractual relationship. The court examined whether section 71 of the Contracts Act 1950 — which addresses obligations resembling those created by contract — applied, and whether the developer had been unjustly enriched by the sub-contract work said to have been completed. That is a recurring problem at the intersection of construction and restitution: how a party that has done work recovers where the contractual chain does not run directly to the person who benefited.
He also acted for plaintiffs in committal proceedings, where the issues included an application to set aside an ex parte leave order under Order 42 rule 13 and Order 52 rule 3(2) of the Rules of Court 2012, the treatment of expert evidence under Order 40A rule 3, and allegations of fabricated evidence and non-compliance with procedural requirements. Taken together, the reported matters show a civil-litigation practice engaging the strike-out jurisdiction, restitutionary claims under the Contracts Act 1950, and the exacting procedural rules that govern contempt and committal.
How many cases has Ooi Chih-Jen appeared in?
Ooi Chih-Jen appears as counsel of record in 3 reported Malaysia judgments (2023–2026).
Which courts does Ooi Chih-Jen appear in?
Ooi Chih-Jen appears before MYHC (3).
On what basis was the pleading struck out?
Under Order 18 rule 19 of the Rules of Court 2012, on the footing that it disclosed no reasonable cause of action — the court finding that it pleaded "hanyalah tanggungjawab umum dan kesimpulan undang-undang, bukan fakta material" (only general duties and conclusions of law, not the material facts) required by Order 18 rule 7.
What restitution question arose in the construction matter?
Whether section 71 of the Contracts Act 1950 applied to allow a sub-contractor to recover on a quantum meruit basis from a developer with whom it had no contract, and whether the developer had been unjustly enriched by the work done.