1. ) THE ONE MINERALS MINING SDN. BHD. 2. ) YAW CHOON KIT v 1. ) LOOI KAM YONG 2. ) CHIN MEI CHING

wa-22ncvc-321-06-2023 High Court (Mahkamah Tinggi) 19 February 2025 • WA-22NCvC-321-06/2023 • 10 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

1. The Defendants applied to strike out the Plaintiff’s claim under Order 18 Rule 19 of the Rules of Court 2012 (“the Rules”). 2. Order 18 Rule 19 of the Rules provides that: 19. Striking out pleadings and endorsements (O. 18 r. 19) (1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the endorsement, of any writ in the action, or anything in any pleading or in the endorsement, on the ground that- (a) it discloses no reasonable cause of action or defence, as the case may be; (b) it is scandalous, frivolous or vexatious; (c) it may prejudice, embarrass or delay the fair trial of the action; or (d) it is otherwise an abuse of the process of the Court, and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be. (2) No evidence shall be admissible on an application under subparagraph (1)(a). (3) This rule shall, as far as applicable, apply to an originating summons as if it were a pleading. Conclusion 26. In this case the Court rules that apart from not disclosing a cause of action of fraud and misappropriation, non-particularisation of the cause of action, non-pleading of material facts and the misjoinder of the causes of action and parties will prejudice, embarrass or delay the fair trial of the action. This triggers the provision of Order 18 Rule 19(c) of the Rules empowering the Court to summarily strike out the Plaintiffs’ claim 27. In the upshot the Court allowed the Defendants application to strike out the Plaintiffs’ claim under Order 18 Rule 19 with a cost of RM30,000.

Judges (1)

Akhtar bin Tahir Delivered

Counsel (8)

Palany, Fairus & Adib Chambers Firm Rabinder Budiman & Associates Firm Chuang Angel Counsel Defendant Fitrah Ain Binti Idris Counsel Plaintiff Karamjeet Kaur Counsel Defendant Mohd Fairus Counsel Plaintiff Rabinder Singh Counsel Defendant Ramesh Lachmanan Counsel Plaintiff

Parties (4)

THE ONE MINERALS MINING Sdn Bhd Plaintiff Chin Mei Ching Defendant Looi Kam Yong Defendant Yaw Choon Kit Plaintiff

Statutes Cited

Rules of Court 2012

Cases Cited (4)

UK (3)

[1899] 1 QB 86 [1965] 1 WLR 1238 [1965] 2 All ER 871

MY (1)

[1993] 4 CLJ 7

Judgment

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Source: eJudgment (wa-22ncvc-321-06-2023)