JOTHEE A/P KRISHNAN 1. ) CASA SUBANG SDN BHD 2. ) TETUAN LC NG & ASSOCIATES

JOTHEE A/P KRISHNAN 1. ) CASA SUBANG SDN BHD 2. ) TETUAN LC NG & ASSOCIATES

The pleadings disclosed no reasonable cause of action because the SPA expressly contemplated that unit/floor numbering may differ from the authority approved address, the change in numbering was effected by the local authority (MBI) and not a physical substitution by the developer, and the solicitor did not breach...

Source-derived case information.

Citation
AA-A52NCvC-21-03/2022 (Mahkamah Sesyen)
Parties
Plaintiff: JOTHEE A/P KRISHNAN; Defendant: CASA SUBANG SDN BHD; Defendant: TETUAN LC NG & ASSOCIATES
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 August 2022
Case Number
AA-A52NCvC-21-03/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Sale and Purchase of Housing Unit; Specific Performance and Declarations / Application to Strike Out Under Order 18 R.19 (sessions Court Decision)
Outcome
Defendants' applications to strike out the writ and statement of claim allowed; plaintiff's action dismissed as frivolous/abuse of process
Legal Topics
Specific Performance, Declaration of Title, Strike Out Under Order 18 R.19, Abuse of Process, Local Authority Building/numbering Powers, Solicitor Duty/conflict of Interest
Contract Law Property Law Civil Procedure Professional Negligence (solicitor) Specific Performance Declaration of Title Strike Out Under Order 18 R.19 Abuse of Process +2 more

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Parties

JOTHEE A/P KRISHNAN

Plaintiff

CASA SUBANG SDN BHD

Defendant

TETUAN LC NG & ASSOCIATES

Defendant

Procedural Posture

Civil Sale and Purchase of Housing Unit; Specific Performance and Declarations / Application to Strike Out Under Order 18 R.19 (sessions Court Decision)

  1. 1 Whether the plaintiff disclosed a reasonable cause of action against the developer for delivering a different unit
  2. 2 Whether the numbering change constituted a breach of the sale and purchase agreement
  3. 3 Whether the solicitor breached duties or had a conflict of interest by failing to advise the plaintiff

Ratio Decidendi

The pleadings disclosed no reasonable cause of action because the SPA expressly contemplated that unit/floor numbering may differ from the authority approved address, the change in numbering was effected by the local authority (MBI) and not a physical substitution by the developer, and the solicitor did not breach duties; therefore the defendants' strike out applications under Order 18 r.19 were allowed.

Court Disposition

Defendants' applications to strike out the writ and statement of claim allowed; plaintiff's action dismissed as frivolous/abuse of process

Orders

  • Writ and Statement of Claim struck out
  • Costs awarded to Defendant 1 RM1000