GROUP SEVEN SDN BHD (COMPANY NO. 1389127-U) LAMAN PESONA SDN BHD (COMPANY NO. 929873-U)

GROUP SEVEN SDN BHD (COMPANY NO. 1389127-U) LAMAN PESONA SDN BHD (COMPANY NO. 929873-U)

Plaintiff waived objection to the Defendant's affidavit by filing a reply; on the affidavits and pleadings there was no evidence of a contractual relationship because Group Seven was incorporated after the alleged agreement and Mr Ivan lacked authority to bind it, rendering the claim plainly unsustainable under O.18 r.19; accordingly the Defendant's strike out application is allowed and the interlocutory injunction is dismissed.

Citation
CB-22NCVC-11-07/2021 (Mahkamah Tinggi)
Parties
Plaintiff (original Action); Defendant (counterclaim): Group Seven Sdn. Bhd.; Defendant (original Action); Plaintiff (counterclaim): Laman Pesona Sdn. Bhd.; Defendant (counterclaim): Ivan Ong Kang Jun
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 January 2022
Case Number
CB-22NCVC-11-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Application to Strike Out and Injunction / Judgment on Interlocutory Applications (strike Out and Injunction)
Outcome
Defendant's application to strike out allowed; Plaintiff's application for injunction dismissed.
Legal Topics
Striking Out Under Order 18 R.19, Affidavit Intituling (o.41 R.1), Authority of Agent/agency, Possession and Eviction, Preliminary Objection and Notice
Source Language
Malay/English
Contract Civil Procedure Company Law Injunction Striking Out Under Order 18 R.19 Affidavit Intituling (o.41 R.1) Authority of Agent/agency Possession and Eviction +1 more

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Parties

Group Seven Sdn. Bhd.

Plaintiff (original Action); Defendant (counterclaim)

Laman Pesona Sdn. Bhd.

Defendant (original Action); Plaintiff (counterclaim)

Ivan Ong Kang Jun

Defendant (counterclaim)

Procedural Posture

Civil Suit Application to Strike Out and Injunction / Judgment on Interlocutory Applications (strike Out and Injunction)

Legal Issues

  1. 1 Whether the Defendant's affidavit was defective and could be relied upon
  2. 2 Whether there was a binding contract between the parties or authority for Mr Ivan Ong to bind Group Seven Sdn. Bhd.
  3. 3 Whether the Plaintiff's claim is plainly and obviously unsustainable such that striking out under O.18 r.19 is appropriate

Ratio Decidendi

Plaintiff waived objection to the Defendant's affidavit by filing a reply; on the affidavits and pleadings there was no evidence of a contractual relationship because Group Seven was incorporated after the alleged agreement and Mr Ivan lacked authority to bind it, rendering the claim plainly unsustainable under O.18 r.19; accordingly the Defendant's strike out application is allowed and the interlocutory injunction is dismissed.

Court Disposition

Defendant's application to strike out allowed; Plaintiff's application for injunction dismissed.

Orders

  • Plaintiff's writ and statement of claim struck out under Order 18 r.19 Rules of Court 2012
  • Plaintiff's application for interlocutory injunction dismissed