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2024 MarsdenLR 3007

HIGH COURT MALAYA SHAH ALAM
CHOONG YEOW CHOY, JC
MUHAMMAD AMMAR HARON – Appellant
Versus
SHARIFAH ZAHIDAH SYED NOOH & ORS – Respondent


Petitioner Advocates:Fatimah Zulaikha Ahmad Bashri,Mohd Faizal Abdul Rahman ,Respondent Advocate: Mohammad Hazim Mohd Yaacob

JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] Traditionally, courts have been passive participants in the pre-trial phase of the civil litigation process, only becoming actively involved when trial commences. At the pre-trial stage, courts remain largely inactive unless an interlocutory application is filed to address a specific issue. The management of proceedings has historically rested largely with the parties involved in the dispute. However, the advent of modern case management practices has introduced a more proactive approach, with courts now striving to ensure the efficient administration of justice. This proactive role becomes particularly significant when parties fail to comply with pre-trial case management directions.

[2] In the current case, this Court faced such a situation. In resolving the present application by the Defendant to strike out the Plaintiff's claim for flouting pre-trial case management directions issued by this Court , this Court had to carefully consider several key factors, including the need to enforce procedural discipline, the importance of addressing the substantive merits of the case, and the appropriate exercise of judicial discretion.

The Pri

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