TOHTONKU SDN BHD v S.L. NG TRADING AGENCY SDN BHD
Catchwords
Introduction 1. In this case the Court struck out the Statement of Claim filed by the Plaintiff for failing to comply with the Rules of Court 2012 (“the Rules”) on the drafting of a Statement of Claim. The striking out of the Statement of Claim was on the basis that the manner the Statement of Claim was drafted would prejudice, embarrass and delay a fair trial of the action. The defects in the Statement of Claim (SOC) 2. The SOC starts off with an index as to its contents which itself is unusual as normally it will begin by introducing the Plaintiff and the Defendant. 3. Ignoring this departure from the normal the Court glanced through the Index and it was apparent from the Index itself that the SOC had flouted every rule of drafting stated in the Rules. The Court will list out each items in the index starting with item B. Conclusion 19. In the upshot the Court struck out the Plaintiff’s claim with no order as to cost and with a liberty to file afresh.
Judges (1)
Counsel (5)
Case Significance
TOHTONKU SDN BHD v S.L. NG TRADING AGENCY SDN BHD is a High Court (Mahkamah Tinggi) decision dated June 11, 2025 (citation: wa-22ncvc-16-01-2025). The case was decided by Akhtar bin Tahir.
Key issues: Introduction.
What was the outcome of TOHTONKU SDN BHD v S.L. NG TRADING AGENCY SDN BHD?
TOHTONKU SDN BHD v S.L. NG TRADING AGENCY SDN BHD is a High Court decision dated June 11, 2025. The case was heard by Akhtar bin Tahir. See the full judgment for details.
Statutes Cited
Rules of Court 2012
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-16-01-2025)