ABDUL WAHAB BIN ABD AZIZ & 41 OTHERS LEMBAGA KEMAJUAN JOHOR TENGGARA & 2 OTHERS

ABDUL WAHAB BIN ABD AZIZ & 41 OTHERS LEMBAGA KEMAJUAN JOHOR TENGGARA & 2 OTHERS

The 1st Defendant's correspondence, particularly the letter dated 29.06.2016 copied to the Plaintiffs' representative, disclosed a clear and unequivocal undertaking that could give rise to promissory estoppel and thus a probable cause of action against D1; because the pleadings disclose triable issues and are not obviously unsustainable, the strike out application under O.18 r.19 must be dismissed and the matter proceed to full trial.

Citation
JA-22NCVC-207-11/2019 ENCLOSURE 19 (Mahkamah Tinggi)
Parties
Plaintiffs: Abdul Wahab bin Abd Aziz & 41 Others; 1st Defendant: Lembaga Kemajuan Johor Tenggara; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 August 2021
Case Number
JA-22NCVC-207-11/2019 ENCLOSURE 19 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Strike Out Application Under Order 18 R 19 ROC
Outcome
Application by 1st Defendant to strike out Plaintiffs' Writ and Statement of Claim dismissed
Legal Topics
Strike Out, Promissory Estoppel, Lease and Sub Lease, Privity of Contract, Locus Standi
Source Language
Malay/English
Contract Property Law Equity Civil Procedure Strike Out Promissory Estoppel Lease and Sub Lease Privity of Contract +1 more

Case Brief

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Parties

Abdul Wahab bin Abd Aziz & 41 Others

Plaintiffs

Lembaga Kemajuan Johor Tenggara

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

Procedural Posture

Originating Summons / Strike Out Application Under Order 18 R 19 ROC

Legal Issues

  1. 1 Whether the Plaintiffs have disclosed a cause of action against the 1st Defendant
  2. 2 Whether privity of contract prevents liability of the 1st Defendant
  3. 3 Whether D1's letters gave rise to promissory estoppel actionable against D1

Ratio Decidendi

The 1st Defendant's correspondence, particularly the letter dated 29.06.2016 copied to the Plaintiffs' representative, disclosed a clear and unequivocal undertaking that could give rise to promissory estoppel and thus a probable cause of action against D1; because the pleadings disclose triable issues and are not obviously unsustainable, the strike out application under O.18 r.19 must be dismissed and the matter proceed to full trial.

Court Disposition

Application by 1st Defendant to strike out Plaintiffs' Writ and Statement of Claim dismissed

Orders

  • 1st Defendant's application to strike out the Writ and Statement of Claim dismissed
  • No order as to costs