LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SENDIRIAN BERHAD (NO. SYARIKAT : 866451-K) ASHLEY ALEXANDER MUSGRAVE (NO. PASSPORT : 548379842)

LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SENDIRIAN BERHAD (NO. SYARIKAT : 866451-K) ASHLEY ALEXANDER MUSGRAVE (NO. PASSPORT : 548379842)

The High Court held that the consent Award Persetujuan entered on 07.09.2020 must be respected and cannot be set aside on the sole ground of internal company management or alleged lack of mandate where the opposing party dealt with the company in good faith and there are no allegations of fraud, mistake or misrepresentation; accordingly the defendant's application (Lampiran 24) to strike out the writ and statement of claim was allowed.

Citation
WA-22NCVC-651-10/2020 (Mahkamah Tinggi)
Parties
Plaintif: LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SENDIRIAN BERHAD (866451-K); Defendan: ASHLEY ALEXANDER MUSGRAVE (Passport No. 548379842)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 November 2021
Case Number
WA-22NCVC-651-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (guaman Sivil) / Interlocutory Application Under Rule 18 Kaedah 19(1) to Strike Out Writ and Statement of Claim and to Uphold/set Aside Consent Award (lampiran 24)
Outcome
Lampiran 24 allowed; writ and statement of claim struck out; consent Award Persetujuan upheld.
Legal Topics
Consent Judgment, Setting Aside Consent Award, Turquand Rule (indoor Management), Mandate of Company Representative, Abuse of Process, Constructive Dismissal
Source Language
Malay/English
Civil Procedure Company Law Employment Law Alternative Dispute Resolution Consent Judgment Setting Aside Consent Award Turquand Rule (indoor Management) Mandate of Company Representative +2 more

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Parties

LIM KOK WING UNIVERSITY OF CREATIVE TECHNOLOGY INTERNATIONAL SENDIRIAN BERHAD (866451-K)

Plaintif

ASHLEY ALEXANDER MUSGRAVE (Passport No. 548379842)

Defendan

Procedural Posture

Civil (guaman Sivil) / Interlocutory Application Under Rule 18 Kaedah 19(1) to Strike Out Writ and Statement of Claim and to Uphold/set Aside Consent Award (lampiran 24)

Legal Issues

  1. 1 Whether the consent Award Persetujuan entered 07.09.2020 can be set aside
  2. 2 Whether the company representative (Dato Wong) had mandat/authority to enter the consent award
  3. 3 Whether the plaintiff's writ and statement of claim are scandalous, frivolous or an abuse of process

Ratio Decidendi

The High Court held that the consent Award Persetujuan entered on 07.09.2020 must be respected and cannot be set aside on the sole ground of internal company management or alleged lack of mandate where the opposing party dealt with the company in good faith and there are no allegations of fraud, mistake or misrepresentation; accordingly the defendant's application (Lampiran 24) to strike out the writ and statement of claim was allowed.

Court Disposition

Lampiran 24 allowed; writ and statement of claim struck out; consent Award Persetujuan upheld.

Orders

  • Lampiran 24 allowed
  • Writ Saman and Pernyataan Tuntutan Plaintif struck out