BULUH MADU TRADING SDN BHD LEMBAGA KEMAJUAN JOHOR TENGGARA PIHAK KETIGA 1. ) JARIAH BINTI SULAIMAN 2. ) MUHAMMAD FIRDAUS BIN TUAH 3. ) KOPERASI FELDA SEMENCHU BERHAD

BULUH MADU TRADING SDN BHD LEMBAGA KEMAJUAN JOHOR TENGGARA PIHAK KETIGA 1. ) JARIAH BINTI SULAIMAN 2. ) MUHAMMAD FIRDAUS BIN TUAH 3. ) KOPERASI FELDA SEMENCHU BERHAD

The court found on the evidence and documents that no privity of contract existed between the plaintiff and defendant and that the plaintiff's claim was entirely hopeless and without legal foundation; therefore the defendant's Order 18 r19 (Attachment 8) application was properly allowed and the plaintiff's claim was...

Source-derived case information.

Citation
JA-22NCvC-55-05/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Buluh Madu Trading Sdn Bhd (1053935-A); Defendant: Lembaga Kemajuan Johor Tenggara (KEJORA); Related Party: Buloh Madu Enterprise (JM0620478-H) / Buluh Madu Trading (JM0722401-X)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 October 2023
Case Number
JA-22NCvC-55-05/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Claim / Appeal Against Order Striking Out Claim Under Order 18 Rule 19 (summary Disposal)
Outcome
Defendant's Attachment 8 application under Order 18 r19 allowed; plaintiff's claim against defendant struck out/dismissed.
Legal Topics
Summary Dismissal/strike Out, Privity of Contract, Assignment of Lease, Discovery/fishing Expedition, Compulsory Acquisition Compensation
Civil Procedure Contract Law Land Law Administrative Law Compulsory Acquisition/compensation Summary Dismissal/strike Out Privity of Contract Assignment of Lease +2 more

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Parties

Buluh Madu Trading Sdn Bhd (1053935-A)

Plaintiff

Lembaga Kemajuan Johor Tenggara (KEJORA)

Defendant

Buloh Madu Enterprise (JM0620478-H) / Buluh Madu Trading (JM0722401-X)

Related Party

Procedural Posture

Civil Claim / Appeal Against Order Striking Out Claim Under Order 18 Rule 19 (summary Disposal)

  1. 1 Whether the plaintiff's writ disclosed any cause of action
  2. 2 Whether there was privity of contract between the plaintiff and defendant
  3. 3 Whether the defendant's application under Order 18 r19 was properly granted

Ratio Decidendi

The court found on the evidence and documents that no privity of contract existed between the plaintiff and defendant and that the plaintiff's claim was entirely hopeless and without legal foundation; therefore the defendant's Order 18 r19 (Attachment 8) application was properly allowed and the plaintiff's claim was struck out with costs.

Court Disposition

Defendant's Attachment 8 application under Order 18 r19 allowed; plaintiff's claim against defendant struck out/dismissed.

Orders

  • Allow defendant's Attachment 8 application under Order 18 Rule 19 Kaedah-Kaedah Mahkamah Tinggi 2012
  • Strike out and dismiss the plaintiff's claim against the defendant