1. ) MICHAEL ANG AEK HANG 2. ) KENNY ANG AEK KIAN 3. ) KONG CHEE SHEN 4. ) IEVPAD MALAYSIA SDN BHD 5. ) E & S SUPPLY TRADING v WEE YONG HUANG

ba-12a-39-08-2023 High Court (Mahkamah Tinggi) 2 March 2025 • BA-12A-39-08/2023 • 15 min read
37 cases cited (0 SG, 37 foreign)

Catchwords

This is the Appellants’ (Defendants in the Sessions Court) appeal against the decision of the Sessions Court in striking out their Defence and Counterclaim. The order to strike out the Appellants’ Defence and Counterclaim and the consequential entry of judgment against the Appellants were not made under Order 18 rule 19(1) of the Rules of Court 2012. Instead, they were made under Order 24 rule 16(1) and Order 92 rule 4 of the Rules of Court 2012, that is, for failure to comply with the requirements for discovery and the inherent jurisdiction of the court. The single poser raised in this appeal is whether the learned Sessions Court Judge had erred in law and/or in fact in striking out the Appellants’ Defence and Counterclaim, resulting in the entry of judgment against the Appellants.

Judges (1)

Choong Yeow Choy Delivered

Counsel (4)

Lok & Partners Firm Varasu Law Chambers Firm Lok Cha Jung Counsel Appellant Teeruvarasu a/l K Muthusamy Counsel Respondent

Parties (6)

IEVPAD MALAYSIA Sdn Bhd Appellant E & S Supply Trading Appellant Kenny Ang Aek Kian Appellant Kong Chee Shen Appellant Michael Ang Aek Hang Appellant Wee Yong Huang Respondent

Case Significance

1. ) MICHAEL ANG AEK HANG 2. ) KENNY ANG AEK KIAN 3. ) KONG CHEE SHEN 4. ) IE... is a High Court (Mahkamah Tinggi) decision dated March 2, 2025 (citation: ba-12a-39-08-2023). The case was decided by Choong Yeow Choy.

What was the outcome of 1. ) MICHAEL ANG AEK HANG 2. ) KENNY ANG AEK KIAN 3. ) KONG CHEE SHEN 4. ) IE...?

1. ) MICHAEL ANG AEK HANG 2. ) KENNY ANG AEK KIAN 3. ) KONG CHEE SHEN 4. ) IE... is a High Court decision dated March 2, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (37)

UK (2)
[1992] 1 WLR 1196 [1997] 1 WLR 1666
MY (35)
[2001] 5 MLRH 665 [2001] AMEJ 0281 [2002] 7 MLJ 538 [2003] 5 CLJ 63 [2008] 3 MLJ 625 [2008] 4 AMR 694 [2008] 4 MLRH 840 [2008] 5 CLJ 42 [2008] 8 MLJ 547 [2015] 2 MLJ 768 [2015] 5 AMR 381 [2015] 6 AMR 381 [2015] 9 CLJ 368 [2015] MLJU 712 [2016] MLJU 1289 [2017] 1 AMR 505 [2017] AMEJ 0478 [2017] AMEJ 1523 [2017] MLJU 1937 [2017] MLJU 543 [2018] 1 CLJ 641 [2018] 5 CLJ 449 [2019] AMEJ 0198 [2019] MLJU 855 [2020] AMEJ 1272 [2020] MLJU 1596 [2021] AMEJ 1630 [2021] MLJU 3094 [2022] 10 MLJ 900 [2022] MLJU 1882 [2022] MLJU 2722 [2024] 8 AMR 97 [2024] AMEJ 2394 [2024] MLJU 2700 [2024] MLJU 2724

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12a-39-08-2023)