DR. LOOI MUN CHOON PARAGON PROMENADE SDN BHD & ANOR

DR. LOOI MUN CHOON PARAGON PROMENADE SDN BHD & ANOR

The 2nd Defendant's strike out application was dismissed because the Plaintiffs' pleaded case raised factual disputes and causes of action (misrepresentation and breach) that are not 'obviously unsustainable' on the face of the pleadings; res judicata did not apply because the earlier suit was withdrawn and not finally adjudicated; s143(2) Strata Management Act 2013 was inapplicable on these facts; therefore the matter must proceed to trial. Costs of RM3,000 awarded to Plaintiffs.

Citation
BA-22NCVC-55-02/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Dr. Looi Mun Choon; 1st Defendant: Paragon Promenade Sdn Bhd; 2nd Defendant: Paragrene Land Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2021
Case Number
BA-22NCVC-55-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Representative Action / Hearing on Application to Strike Out Under Order 18 Rule 19 Rules of Court 2012
Outcome
Application by 2nd Defendant to strike out dismissed
Legal Topics
Strike Out, Misrepresentation, Breach of Contract, Res Judicata, Abuse of Process, Locus Standi, Strata Management Act S143(2)
Source Language
Malay/English
Civil Procedure Contract Tort (misrepresentation) Property Law Strata Law Strike Out Misrepresentation Breach of Contract +4 more

Case Brief

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Parties

Dr. Looi Mun Choon

Plaintiff

Paragon Promenade Sdn Bhd

1st Defendant

Paragrene Land Sdn Bhd

2nd Defendant

Procedural Posture

Civil Representative Action / Hearing on Application to Strike Out Under Order 18 Rule 19 Rules of Court 2012

Legal Issues

  1. 1 Whether the Plaintiffs' claim is obviously unsustainable and liable to be struck out under O.18 r.19
  2. 2 Whether the 2nd Defendant can be liable for misrepresentation despite not being a party to the SPA
  3. 3 Whether the suit constitutes an abuse of process or is barred by res judicata

Ratio Decidendi

The 2nd Defendant's strike out application was dismissed because the Plaintiffs' pleaded case raised factual disputes and causes of action (misrepresentation and breach) that are not 'obviously unsustainable' on the face of the pleadings; res judicata did not apply because the earlier suit was withdrawn and not finally adjudicated; s143(2) Strata Management Act 2013 was inapplicable on these facts; therefore the matter must proceed to trial. Costs of RM3,000 awarded to Plaintiffs.

Court Disposition

Application by 2nd Defendant to strike out dismissed

Orders

  • Application in enclosure 5 dismissed
  • 2nd Defendant to pay Plaintiffs costs of RM 3,000