E GLOVE SDN. BHD. BEYONDGLOVE SDN. BHD.

E GLOVE SDN. BHD. BEYONDGLOVE SDN. BHD.

On balance the court found the affidavits, documents and authorities established that the dispute could be resolved without calling viva voce witnesses; the claim disclosed no reasonable cause of action or was otherwise vexatious/abusive in the circumstances given the pleaded defences and the 8-6-2021 dealings; accordingly the Defendant's Order 18 r.19 application succeeded and the Plaintiff's claim was struck out with costs.

Citation
BA-22NCvC-314-08/2022 (Mahkamah Tinggi)
Parties
Perayu (plaintiff): E GLOVE SDN BHD; Responden (defendant): BEYONDGLOVE SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 January 2023
Case Number
BA-22NCvC-314-08/2022 (Mahkamah Tinggi)
Procedural Posture
Guaman Sivil (civil Contract Dispute) / Interlocutory Application to Strike Out Under Order 18 R.19 Rules of Court 2012
Outcome
Defendant's application under Order 18 r.19(1)(a),(b) and/or (d) allowed; Plaintiff's claim struck out/dismissed
Legal Topics
Breach of Contract, Termination, Strike Out / Summary Dismissal, Set Off, Approbate and Reprobate, Damages, Admissibility of Without Prejudice Communications
Source Language
Malay/English
Contract Law Civil Procedure Commercial Law Breach of Contract Termination Strike Out / Summary Dismissal Set Off Approbate and Reprobate +2 more

Case Brief

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Parties

E GLOVE SDN BHD

Perayu (plaintiff)

BEYONDGLOVE SDN BHD

Responden (defendant)

Procedural Posture

Guaman Sivil (civil Contract Dispute) / Interlocutory Application to Strike Out Under Order 18 R.19 Rules of Court 2012

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the Defendant's failure caused non-payment of invoices
  3. 3 Whether the Plaintiff failed to supply nitrile latex as required

Ratio Decidendi

On balance the court found the affidavits, documents and authorities established that the dispute could be resolved without calling viva voce witnesses; the claim disclosed no reasonable cause of action or was otherwise vexatious/abusive in the circumstances given the pleaded defences and the 8-6-2021 dealings; accordingly the Defendant's Order 18 r.19 application succeeded and the Plaintiff's claim was struck out with costs.

Court Disposition

Defendant's application under Order 18 r.19(1)(a),(b) and/or (d) allowed; Plaintiff's claim struck out/dismissed

Orders

  • Claim struck out pursuant to Order 18 r.19(1) Rules of Court 2012
  • Costs awarded to Defendant