Leong Wai Hong JC:

Judgment

[Enclosure 27]

Introduction

[1]This is a tragic case. The plaintiff is the mother of a son who had died while under remand in the Kuala Kubu Bharu Satellite Prison on 03-03-2021. On 18-07-2023 she filed a suit at the High Court against the Investigating Officer for negligence, breach of duty and omission of duty; his superiors and the Malaysian Government for vicarious liability.

[2]I fixed the trial for 8 days commencing on 06-05-2024 to 09-05-2024 and from 25-11-2024 to 28-11-2024.

[3]However, on 03-05-2024 solicitors for the plaintiff filed a Notice of Application in Enclosure 27 for leave to discontinue the plaintiff’s suit with liberty to file afresh under Order 21 rule 3 of the Rules of Court 2012 (“ ROC ”). [“Application For Leave to Discontinue”].

[4]The supporting affidavit dated 03-05-2024 was affirmed not by the plaintiff but by a solicitor from the firm of solicitors acting for the plaintiff. The reason given was that allegedly the plaintiff has failed to give documents to them to do the trial. I find this reason flimsy for reasons I will articulate below.

[5]As the Application For Leave to Discontinue was only filed on 03-05-2024, just 3 days bef