BK-A52NCVC-2-02/2020 (Mahkamah Sesyen)

BK-A52NCVC-2-02/2020 (Mahkamah Sesyen)

Summary judgment was refused because the defendant demonstrated, on the balance of probabilities, multiple bona fide triable issues (cause of action, locus standi, privity/assignment, effect of mutual termination/Feedback Forms, and dependence of landlord's liability on sub-tenancy) that require viva voce evidence at trial; therefore summary determination would be inappropriate.

Citation
BK-A52NCVC-2-02/2020 (Mahkamah Sesyen)
Parties
Plaintiff: Lee Wan Sin; Plaintiff: Lee Hoi Sin; Defendant: Seri Mutiara Development Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 July 2022
Case Number
BK-A52NCVC-2-02/2020 (Mahkamah Sesyen)
Procedural Posture
Civil Tenancy/contract Dispute / Application for Summary Judgment Under O.14 ROC 2012 Dismissed; Matter Fixed for Trial
Outcome
Plaintiffs' application for summary judgment dismissed
Legal Topics
Summary Judgment, Locus Standi, Privity of Contract, Frustration, Assignment, Back to Back Contracts, Tenancy Agreements
Source Language
Malay/English
Contract Law Civil Procedure Property Law Evidence Summary Judgment Locus Standi Privity of Contract Frustration +3 more

Case Brief

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Parties

Lee Wan Sin

Plaintiff

Lee Hoi Sin

Plaintiff

Seri Mutiara Development Sdn Bhd

Defendant

Procedural Posture

Civil Tenancy/contract Dispute / Application for Summary Judgment Under O.14 ROC 2012 Dismissed; Matter Fixed for Trial

Legal Issues

  1. 1 Whether the plaintiffs and listed owners possess a cause of action
  2. 2 Whether plaintiffs have locus standi to bring an umbrella action for other owners
  3. 3 Whether there is privity of contract between owner No.3 and defendant

Ratio Decidendi

Summary judgment was refused because the defendant demonstrated, on the balance of probabilities, multiple bona fide triable issues (cause of action, locus standi, privity/assignment, effect of mutual termination/Feedback Forms, and dependence of landlord's liability on sub-tenancy) that require viva voce evidence at trial; therefore summary determination would be inappropriate.

Court Disposition

Plaintiffs' application for summary judgment dismissed

Orders

  • Application for summary judgment dismissed
  • Costs awarded to defendant in the sum of RM3,000.00