BAN BEE HUAT ENTERPRISE (1) SYARIKAT ALADDIN SPICE SDN BHD (2) LIM KOK HENG

BAN BEE HUAT ENTERPRISE (1) SYARIKAT ALADDIN SPICE SDN BHD (2) LIM KOK HENG

Although the Statement of Claim lacked certain particulars of fraud/misrepresentation, the substance of the pleadings disclosed a cause of action and the defects were curable by amendment (the plaintiff exhibited a proposed amended pleading); therefore the claim was not 'obviously unsustainable' and the strike-out...

Source-derived case information.

Citation
BK-A52-6-10/2020 (Mahkamah Sesyen)
Parties
Plaintiff: Ban Bee Huat Enterprise; First Defendant: Syarikat Aladdin Spice Sdn Bhd; Second Defendant: Lim Kok Heng
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 January 2022
Case Number
BK-A52-6-10/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (negligent And/or Fraudulent Misrepresentation) / Strike Out Application Judgment
Outcome
Second defendant's application to strike out dismissed; costs awarded to plaintiff; costs to stand as costs in the cause.
Legal Topics
Misrepresentation, Fraud, Negligence, Strike Out, Particulars of Pleading, Amendment of Pleadings
Civil Tort Procedural Law Commercial Law Misrepresentation Fraud Negligence Strike Out +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ban Bee Huat Enterprise

Plaintiff

Syarikat Aladdin Spice Sdn Bhd

First Defendant

Lim Kok Heng

Second Defendant

Procedural Posture

Civil Suit (negligent And/or Fraudulent Misrepresentation) / Strike Out Application Judgment

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether particulars of fraud/misrepresentation were sufficiently pleaded
  3. 3 Whether the defects in pleadings are curable by amendment

Ratio Decidendi

Although the Statement of Claim lacked certain particulars of fraud/misrepresentation, the substance of the pleadings disclosed a cause of action and the defects were curable by amendment (the plaintiff exhibited a proposed amended pleading); therefore the claim was not 'obviously unsustainable' and the strike-out application under O.18 r.19 ROC 2012 was dismissed.

Court Disposition

Second defendant's application to strike out dismissed; costs awarded to plaintiff; costs to stand as costs in the cause.

Orders

  • Application to strike out dismissed with costs
  • Costs to the plaintiff; costs to stand as costs in the cause