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2015 MarsdenLR 17

HIGH COURT MALAYA IPOH
WONG LOY FATT & ANOR – Appellant
Versus
LIM TOK YEW – Respondent


SM Komathy Suppiah JC:

[1] This appeal raises the question of whether O 15 r 2(1) of the Rules of 2012 (" ROC ") permits a defendant to raise a counterclaim that is not connected with or related to the subject matter of the claim.

The Facts

[2] The facts in so far as this appeal is concerned are not in dispute. The plaintiff (the respondent here) and the second defendant (the second appellant here) are siblings and the first defendant (the first appellant here) is the husband of the second defendant.

[3] The plaintiff owned and operated a kindergarten called Tadika Idamanku. She sought the assistance of the second defendant to run it for her. Sometime in January 2014, the second defendant quit her position in the kindergarten due to a misunderstanding between the sisters. The second defendant then started a kindergarten of her own.

[4] In April 2014, the plaintiff commenced this action in the Ipoh Magistrate's Court against the first and second defendants to recover a friendly loan of RM 43, 000.00 that was allegedly advanced to them. It was alleged that the said sum has not been repaid despite numerous reminders to do so.

[5] By a defence and counterclaim dated 10 July 2014, the first

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