JETS MANAGEMENT (M) SDN BHD LOO THIN TUCK

JETS MANAGEMENT (M) SDN BHD LOO THIN TUCK

The court found the defendant raised a meritorious triable issue (dispute as to nature of transactions, prior proceedings and potential res judicata/estoppel), therefore summary judgment under Order 14 could not be granted; simultaneously the pleadings disclosed a reasonable cause of action so the defendant's strike out application under Order 18 r.19 also failed. Both interlocutory applications were dismissed.

Citation
AA-A52NCC-74-10/2021 (Mahkamah Sesyen)
Parties
Plaintiff: JETS MANAGEMENT (M) SDN BHD; Defendant: LOO THIN TUCK
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 September 2022
Case Number
AA-A52NCC-74-10/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (debt Recovery; Interlocutory Applications) / Decision on Interlocutory Applications (order 14 Summary Judgment and Order 18 R.19 Striking Out)
Outcome
Both interlocutory applications dismissed: plaintiff's Order 14 summary judgment application dismissed; defendant's Order 18 r.19 striking out application dismissed.
Legal Topics
Summary Judgment (order 14), Striking Out/abuse of Process (order 18 R.19), Res Judicata, Estoppel, Post Dated Cheques, Dividend Declaration
Source Language
Malay/English
Civil Procedure Contract Law Company Law Debt Recovery Res Judicata and Estoppel Negotiable Instruments Summary Judgment (order 14) Striking Out/abuse of Process (order 18 R.19) +4 more

Case Brief

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Parties

JETS MANAGEMENT (M) SDN BHD

Plaintiff

LOO THIN TUCK

Defendant

Procedural Posture

Civil Claim (debt Recovery; Interlocutory Applications) / Decision on Interlocutory Applications (order 14 Summary Judgment and Order 18 R.19 Striking Out)

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment for RM275,045.84 or whether defendant raised a triable issue
  2. 2 Whether the writ and statement disclose reasonable cause of action or are frivolous, vexatious or an abuse of process
  3. 3 Whether prior proceedings (Kes 2020) give rise to res judicata/estoppel against the present claim

Ratio Decidendi

The court found the defendant raised a meritorious triable issue (dispute as to nature of transactions, prior proceedings and potential res judicata/estoppel), therefore summary judgment under Order 14 could not be granted; simultaneously the pleadings disclosed a reasonable cause of action so the defendant's strike out application under Order 18 r.19 also failed. Both interlocutory applications were dismissed.

Court Disposition

Both interlocutory applications dismissed: plaintiff's Order 14 summary judgment application dismissed; defendant's Order 18 r.19 striking out application dismissed.

Orders

  • Plaintiff's application under Order 14 (summary judgment) dismissed
  • Defendant's application under Order 18 r.19 (striking out) dismissed