Filing Identical Interlocutory Applications: Is It an Abuse of Process?

Interlocutory applications are vital tools in litigation, allowing parties to seek interim relief during ongoing proceedings. However, when parties file multiple identical or repetitive applications, it raises serious questions about impropriety and abuse of the judicial process. A common query arises: Is the filing of two identical interlocutory applications an impropriety and abuse? This blog post delves into Malaysian legal standards, drawing from key jurisprudence and comparative insights, to clarify when such filings cross the line from legitimate strategy to misconduct.

Understanding Interlocutory Applications

Interlocutory applications typically involve requests for temporary orders, such as injunctions or discovery, before a final judgment. In Malaysia, these are governed by procedural rules requiring filing via notice of application, especially post pre-trial case management [