Southern Empire Development Sdn Bhd v Tetuan Shahinuddin & Ranjit & Ors [2014] 1 LNS 195

COUNSEL & SOLICITOR:
Lim Kian Leong (Zaiurul Farah & Carole Ngu with him) (Lim Kian Leong & Co) for the defendants

HIGH COURT MALAYA, KUALA LUMPUR

Civil Procedure- Want of Prosecution- Striking out action- Application for whether there had been substantial and inexcusable delay in bringing action for trial- Whether fact that the action had now been set down for trial prevented third defendant from making this application- Whether plaintiff’s claim should be struck out against third defendant for want of prosecution- Whether plaintiff allowed his claim to languish inordinately without any justification- Whether the delay in applying to strike out the action under O.18 r.19, was fatal- Whether an application to strike out a claim on ground of abuse could be maintained where there was a valid cause of action- Whether his application to strike out claim under several limbs of O.18 r.19(1) should be allowed.