TEOH KOK SENG v UOB KAY HIAN SECURITIES (M) SDN BHD
wa-22ncvc-293-05-2025 High Court (Mahkamah Tinggi) 14 April 2026 • WA-22NCvC-293-05/2025 • 10 min read
7 cases cited
(0 SG, 7 foreign)
Catchwords
Civil Procedure — Case Management — Unless Order — Failure to comply with court directions — Plaintiff directed to file Common Bundle of Documents — Unless order granted requiring compliance by specified date — Plaintiff failed to file Common Bundle of Documents — Plaintiff filed Notice to Act in Person and only filed Plaintiff’s Bundle of Documents — Whether non-compliance justified striking out of action — Order 34 rule 1(3) Rules of Court 2012 — Order 92 rule 4 Rules of Court 2012. Civil Procedure — Striking Out — Failure to comply with unless order — Repeated changes of solicitors — Plaintiff acting in person — Persistent non-compliance with pre-trial directions — Whether conduct amounted to contumelious disregard of court orders — Court’s case management powers — Proper exercise of judicial discretion. Civil Procedure — Case Management — Common Bundle of Documents — Importance of compliance with pre-trial directions — Trial dates already fixed — Whether filing of Common Bundle of Documents essential to trial readiness and orderly conduct of proceedings. Civil Procedure — Judicial Discretion — Striking out with liberty to file afresh — Merits of claim not adjudicated — Balancing procedural discipline with interests of justice — Whether liberty to file afresh appropriate to avoid disproportionate prejudice to plaintiff. Civil Procedure — Inherent Jurisdiction — Prevention of abuse of process — Proper administration of justice — Court's power to enforce compliance with case management directions — Order 92 rule 4 Rules of Court 2012. Practice and Procedure — Unless Order — Consequences of non-compliance — Mandatory compliance with court orders — Whether plaintiff entitled to further indulgence after failure to comply with express court direction.
Practice Areas
Judges (1)
Counsel (2)
Statutes Cited
Rules of Court 2012
Cases Cited (7)
UK (4)
[1952] 2 All ER 112 [1997] 1 WLR 1666 [1997] WLR 1666 [2004] EWCA Civ 827
MY (3)
[2004] 3 CLJ 88 [2017] MLJU 1937 [2024] 2 CLJ 476
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-293-05-2025)