STEPHEN LAM YIN PONG v KWAN YIP HENG

pa-23ncvc-13-09-2025 High Court (Mahkamah Tinggi) 24 February 2026 • PA-23NCvC-13-09/2025

Catchwords

1. After hearing the Defendant’s application to strike out the Plaintiff’s pleadings pursuant to Order 18 rule 19(1)(a), (b), (c) and (d) of the Rules of Court 2012 in Enclosure 7, this Court dismissed the application. Dissatisfied with this Court’s decision, the Defendant filed a Notice of Appeal on 6 March 2026 (Enclosure 23) to the Court of Appeal against the dismissal of Enclosure 7. 2. It is settled law that section 68(1)(f) of the Courts of Judicature Act 1964 provides that “no appeal shall be brought to the Court of Appeal where a High Court has dismissed an application to strike out any writ or pleading”. Notwithstanding this, the Federal Court in MT Ventures Sdn Bhd v QM Print Sdn Bhd and Another Appeal [2025] 6 MLRA 595; [2025] 6 MLJ 471; [2025] 7 AMR 573; [2025] 9 CLJ 560 (“MT Ventures”) recognised that, in certain limited circumstances, a party whose striking out application has been dismissed may not be precluded from pursuing an appeal. 3. While this Court is firmly of the view that the present case does not fall within the limited circumstances contemplated in MT Ventures, and that the Defendant’s attempt to invoke a right of appeal is, with respect, wholly misconceived, that issue ultimately lies within the province of the Court of Appeal. 4. What follows are the grounds for this Court’s refusal to strike out the Plaintiff’s pleadings and the dismissal of Enclosure 7.

Judges (1)

Choong Yeow Choy Delivered

Parties (2)

Kwan Yip Heng Defendant Stephen Lam Yin Pong Plaintiff

Judgment

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Source: eJudgment (pa-23ncvc-13-09-2025)