MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
An application can be made for the summary disposal of the suit on points of law under Order 14A of the Rules of Court 2012. This is an appli- cation to move the court to determine any ques- tion of law or construction of any document, where the question is suitable for determination without full trial and will be able to finally deter- mine the claim. It is a requirement that the mate- rial facts are not in dispute and that issues of fact are not interwoven with the issues of law. See Thein Hong Teck & Ors v Mohd Afrizan Husain & Another Appeal [2012] 1 CLJ 49. An application can also be filed for the deter- mination of preliminary issues under Order 33 Rule 2. This is an application to move the court to determine any question or issue of fact, law, or mixed fact and law prior to judgment being handed down. The application will be allowed if it appears to the court that a determination of the issue will substantially dispose of the matter or render a trial of the matter unnecessary. See Krishnan Rajan A/L N Krishnan v Bank Negara Malaysia & Ors [2003] 1 MLJ 149. 4.4 Requirements for Interested Parties to Join a Lawsuit An interested non-party may apply to intervene in a suit by seeking an order to add them as a party under Order 15 Rule 6(2)(b) of the Rules of Court 2012. The court must be satisfied that the applicant’s presence is necessary to ensure that all matters in dispute will be effectually and completely determined and adjudicated upon, or that there exists a question or issue between the applicant and a party to the suit arising out of or relating to or connected with any relief or remedy claimed in the suit which would be just and convenient to be determined as between the applicant and that party as well as between the parties to the suit.
The applicant must satisfy the court that they have a legal interest (and not a mere commercial interest) that will be directly affected by any judg- ment or order given in the action. See Pegang Mining Co Ltd v Choong Sam & Ors [1969] 2 MLJ 52. 4.5 Applications for Security for Defendant’s Costs A defendant can apply for security for costs on the following grounds under Order 23 of the Rules of Court 2012: • the plaintiff is ordinarily resident out of the jurisdiction; • the plaintiff is a nominal plaintiff who is suing for the benefit of some other person and there is reason to believe that they will be unable to pay the defendant’s costs if ordered to do so; • the plaintiff’s address is not stated in the writ or is incorrectly stated; or • the plaintiff changed their address during the proceedings to evade the consequences of the litigation. 4.6 Costs of Interim Applications/ Motions The successful party can generally recover the costs of an interim application from the losing party. See Order 59 Rule 3(2) of the Rules of Court 2012. The court has the discretion to award “costs in the cause”, where the successful party in the substantive claim will be entitled to the costs of the interim application. See Order 59 Rule 1(3). 4.7 Application/Motion Timeframe An application will normally be heard and dis- posed of three to five months from the date it was filed.
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