KOH HENG JIN @ KOH HENG LEONG vs GAN KOOI AN (ENCL 8)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 969

COURT OF APPEAL PUTRAJAYA
KOH HENG JIN @ KOH HENG LEONG – Appellant
Versus
GAN KOOI AN (ENCL 8) – Respondent

Petitioner Advocates:Eric Clement ,Respondent Advocate: D Kalaimany

Table of Content
1. the court's erroneous dismiss of the strike out application affects judicial process. (Para 1 , 19)
2. the requirement to appeal prior dismissal is crucial to avoid abuse. (Para 20 , 21 , 28)
3. filing a new suit without appealing first is deemed an abuse. (Para 32)

[1] The present appeal arose from the decision of the learned High Court judge who had dismissed the appellant's application to strike out the respondent's claim pursuant to O 18 r 19(1) of the Rules of 2012 ( ROC ). (Enclosure 8).

[2] The appellant was the defendant in the Court below and the respondent, the plaintiff. For convenience, the appellant and the respondent will be referred to as the defendant and plaintiff respectively.

Background

[3] The facts and sequence of events leading to the filing of the plaintiff's claim against the defendant vide suit no 22 NCVC-1365-11/2012 (the present suit) are crucial in determining whether the learned judge was correct in her decision to dismiss the defendant's application to strike out the plaintiff's claim (Enclosure 8).

(i) The 652 Suit

[4] On 19 June 2007, the plaintiff together with 8 others were sued by Everland Asia Development Sdn Bhd and Intra Tejas (M)

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2015 MarsdenLR 969

COURT OF APPEAL PUTRAJAYAKOH HENG JIN @ KOH HENG LEONG – AppellantVersusGAN KOOI AN (ENCL 8) – Respondent

COURT OF APPEAL PUTRAJAYA
KOH HENG JIN @ KOH HENG LEONG – Appellant
Versus
GAN KOOI AN (ENCL 8) – Respondent