MUHD AZFAR BIN MUHAMMAD RAFIE v SINERJUTA SDN. BHD

wa-12ancvc-207-11-2024 High Court (Mahkamah Tinggi) 28 April 2025 • WA-12ANCvC-207-11/2024 • 7 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

This appeal arises from the decision of the learned Sessions Court Judge delivered on 12 November 2024 allowing the Respondent’s application under Order 18 rule 19(1)(a), (b), (c) and/or (d) of the Rules of Court 2012 (“ROC 2012”), thereby striking out the Appellant’s Writ and Statement of Claim on the ground that the action amounted to an abuse of the process of court and ought instead to have been brought by way of judicial review pursuant to Order 53 ROC 2012.. The Appellant appeals to this Court contending that the Sessions Court erred both in fact and law by mischaracterising the nature of his claim, which was essentially contractual and private in nature, and by summarily striking out an action that disclosed a reasonable and arguable cause of action fit for adjudication at trial.

Judges (1)

Mahazan binti Mat Taib Delivered

Counsel (5)

Joshua Aaron Keet Firm Rodney & Co. Firm Badrina Ibtisam Counsel Appellant Loh Suk Hwe Counsel Respondent Sharifah Imamah Huwairi binti Syed Roslem Counsel Appellant

Parties (2)

SINERJUTA Sdn Bhd Respondent Muhd Azfar bin Muhammad Rafie Appellant

Case Significance

MUHD AZFAR BIN MUHAMMAD RAFIE v SINERJUTA SDN. BHD is a High Court (Mahkamah Tinggi) decision dated April 28, 2025 (citation: wa-12ancvc-207-11-2024). The case was decided by Mahazan binti Mat Taib.

What was the outcome of MUHD AZFAR BIN MUHAMMAD RAFIE v SINERJUTA SDN. BHD?

MUHD AZFAR BIN MUHAMMAD RAFIE v SINERJUTA SDN. BHD is a High Court decision dated April 28, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (7)

MY (7)
[1993] 3 MLJ 36 [2010] 3 MLJ 145 [2011] 2 MLJ 192 [2011] 6 MLJ 70 [2021] 2 CLJ 441 [2021] 6 MLJ 496 [2024] 8 CLJ 519

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancvc-207-11-2024)