- Court
- High Court of Malaysia
- Decision date
- 27 Oct 2023
- Case number
- WA-22NCvC-396-05/2021
- Coram
- YA Puan Arziah binti Mohamed Apandi
- Practice area
- Abstract The Defendant applied to strike out the Second Plaintiff’s action against them for duplicity of proceedings as the First Plaintiff being the principal has already taken the same action. The Second Plaintiff as the agent of the First Plaintiff ought not be in the proceedings since there were no involvement of them at all. Save for the letter of appointment authorizing the Second Plaintiff to act on the First Plaintiff’s behalf, the remaining documents were exclusive of the Second Plaintiff’s involvement. Whether the Second Plaintiff’s action can be dismissed summarily without trial with deprivation of party testimonies and documentary evidence. Whether justified to strike out its claim on misjoinder of parties by defendant prior to case being set down for pre-trial case management. Keywords: Joinder of parties, right to bring action, duplicity of proceedings, striking out claim against one of parties abuse of process of the court, inherent powers of the court and dispensation of natural justice
- Version
- Alasan Penghakiman 3
- Published
- 19 Apr 2024
- Source ID
- 5586e9ee-fe4a-4b94-844f-8208685be8da