MODERN ASSOCIATED ENGINEERING SDN BHD BARTEC SERVICES & ENGINEERING SDN BHD

MODERN ASSOCIATED ENGINEERING SDN BHD BARTEC SERVICES & ENGINEERING SDN BHD

The strike out and stay application was dismissed because there existed genuine, triable disputes—notably as to whether the contract was with the defendant or Bartec SG—and the evidence raised conflicts which could not be resolved summarily; therefore the threshold for striking out as an obvious and unsustainable claim was not met.

Citation
B52NCC-40-03-2021 (Mahkamah Sesyen)
Parties
Plaintiff: Modern Associated Engineering Sdn Bhd; Defendant: Bartec Services & Engineering Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 September 2021
Case Number
B52NCC-40-03-2021 (Mahkamah Sesyen)
Procedural Posture
Civil Contract and Negligence Claim (writ Summons) / Sessions Court Ruling on Defendant's Application to Strike Out and Stay (grounds of Decision); Appeal to High Court Filed by Defendant
Outcome
Defendant's application to strike out and for a stay dismissed with costs.
Legal Topics
Strike Out Application, Abuse of Process, Contract Formation, Breach of Contract, Summary Dismissal, Frivolous and Vexatious Claims
Source Language
Malay/English
Contract Tort Negligence Civil Procedure Strike Out Application Abuse of Process Contract Formation Breach of Contract Summary Dismissal +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Modern Associated Engineering Sdn Bhd

Plaintiff

Bartec Services & Engineering Sdn Bhd

Defendant

Procedural Posture

Civil Contract and Negligence Claim (writ Summons) / Sessions Court Ruling on Defendant's Application to Strike Out and Stay (grounds of Decision); Appeal to High Court Filed by Defendant

Legal Issues

  1. 1 Whether the plaintiff's claim is frivolous, vexatious or an abuse of process
  2. 2 Whether the contract was concluded with the defendant or with Bartec SG
  3. 3 Whether the claim should be struck out under Order 18 r 19 as obviously unsustainable

Ratio Decidendi

The strike out and stay application was dismissed because there existed genuine, triable disputes—notably as to whether the contract was with the defendant or Bartec SG—and the evidence raised conflicts which could not be resolved summarily; therefore the threshold for striking out as an obvious and unsustainable claim was not met.

Court Disposition

Defendant's application to strike out and for a stay dismissed with costs.

Orders

  • Defendant's application to strike out and for stay dismissed
  • Costs of the application fixed at RM3,500.00 payable to the plaintiff