2012 MarsdenLR 1428

HIGH COURT MALAYA PENANG
KHO AH SOON & ANOR – Appellant
Versus
RAMANDA SDN BHD & ORS – Respondent
[Civil Suit No: 22-NCVC-75-2011]

The court possesses discretion to impose terms on plaintiffs seeking to discontinue action to prevent abuse of process, especially when prior similar actions exist.

Headnote:(A) Rules of High Court, 1980 - Order 21 r 2, r 3, r 4 - Discontinuance of action without leave of the Court - Plaintiff sought to withdraw suit on trial date but attempted to retain liberty to file afresh - Defendants opposed and sought restraining order against similar proceedings - Court emphasized the requirement of formal application for discontinuance and the authority to impose terms upon granting leave to discontinue. (Paras 2, 9, 12, 13)

(B) Court's discretion - The court must ensure that allowing withdrawal does not result in abuse of the legal process and can impose restrictions to prevent future similar actions by the Plaintiff. (Paras 8, 13)

Facts of the case:
Plaintiffs sought to discontinue a suit on the morning of trial, conveyed their intention less than 24 hours prior, while Defendants prepared extensively for trial. The prior history included repeated litigation concerning the same subject matter.

Findings of Court:
The Court allowed discontinuance under specific terms, disallowing any similar future actions against the Defendants, and imposed significant costs on the Plaintiffs.

Issues: Whether the Court should allow the Plaintiff to withdraw the action with liberty to file afresh, considering the history of repeated litigation.

Ratio Decidendi: The court ruled that granting liberty to file afresh could result in abuse of process and was unjust, given the lengthy history of litigation between the parties without reasonable justification.

Result: Plaintiffs allowed to withdraw the action under strict conditions and ordered to pay costs.