Kuala Lumpur Magistrates’ Court Allows Striking Out Application with Costs in Favour of our Client (Defendant)
We, JY Ko Advocates & Solicitors are pleased to share another successful litigation outcome after the Magistrates’ Court in Kuala Lumpur allowed our client’s application to strike out the plaintiff’s claim on 24 July 2026, with costs of RM2,500 awarded to our client.
To preserve confidentiality, the identities of the parties have been withheld.
Background
The dispute arose from a claim for professional fees allegedly payable in connection with a property transaction. The plaintiff commenced legal proceedings personally against our client, seeking payment of the alleged fees.
After reviewing the pleadings and supporting documents, our litigation team advised that the claim was fundamentally defective and filed an application to strike out the action before trial.
Our Legal Arguments
Our application was founded on several key legal principles.
No Contractual Relationship
The documents relied upon by the plaintiff demonstrated that any contractual entitlement to professional fees belonged to a registered real estate agency rather than the individual plaintiff.
As such, there was no contractual relationship between the plaintiff in his personal capacity and our client. Without privity of contract, the plaintiff lacked the legal basis to pursue the claim personally.
Statutory Prohibition
We further argued that the plaintiff was not a registered Real Estate Negotiator (REN) at the material time when the services were allegedly rendered.
The relevant statutory framework prohibits an unregistered individual from claiming professional fees for estate agency services. Accordingly, the plaintiff’s claim was legally unenforceable regardless of any alleged agreement between the parties.
Abuse of Court Process
Another important factor was that separate proceedings involving the same professional fees had already been commenced by the licensed real estate agency.
Allowing both claims to proceed would expose our client to the risk of multiple proceedings relating to the same alleged entitlement, resulting in unnecessary duplication and an abuse of the court process.
The Court’s Decision
Having heard submissions from both parties, the Magistrates’ Court allowed our client’s application to strike out the plaintiff’s claim in its entirety.
The Court further ordered the plaintiff to pay RM2,500 in costs to our client.
This outcome demonstrates that where a claim suffers from fundamental legal defects, the court is prepared to dispose of the matter at an early stage instead of requiring the parties to incur the time and expense of a full trial.
What Is a Striking Out Application?
A striking out application enables the court to dismiss a claim before trial where it is clear that the action cannot succeed in law.
Such applications are commonly made where:
- the claim discloses no reasonable cause of action;
- the claimant lacks the necessary legal standing;
- the claim is prohibited by statute;
- the proceedings are frivolous or vexatious; or
- the action amounts to an abuse of the court process.
Although the courts exercise this power cautiously, they will not hesitate to strike out claims that are plainly unsustainable.
Why This Decision Matters
Litigation should not proceed where a claim is fundamentally flawed from the outset. Early identification of legal defects can save parties significant legal costs, management time and unnecessary exposure to lengthy court proceedings.
For businesses facing contractual or commercial disputes, obtaining early legal advice can determine whether a claim should be defended through trial or challenged immediately by way of a striking out application.
How JY Ko Advocates & Solicitors Can Assist
At JY Ko Advocates & Solicitors, we regularly represent companies and individuals in complex civil and commercial disputes, including:
- Commercial litigation
- Contractual disputes
- Debt recovery
- Striking out applications
- Summary judgment applications
- Appeals
- Corporate and shareholder disputes
Our approach is to identify the most efficient and commercially sensible strategy for every dispute. Where a claim is legally unsustainable, we take proactive steps to seek its early dismissal, helping our clients minimise costs and focus on what matters most.
If you have been served with court proceedings or wish to assess the strength of a claim before incurring substantial litigation costs, our litigation team is ready to assist.
Written on: 24th July 2026
Contact JY Ko Advocates & Solicitors to make an appointment today!
🌐 Call us: +6017.6965.966 (Call / WhatsApp)
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Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!