MOSSET PREMIER SDN BHD UNCLE Y FOOD AND BEVERAGE SDN BHD CHENG LIK CHYE

MOSSET PREMIER SDN BHD UNCLE Y FOOD AND BEVERAGE SDN BHD CHENG LIK CHYE

The strike‑out application was dismissed because the pleadings disclose an arguable cause of action and are not plain and obvious; the defendants' reliance on the COVID‑19 Act fails because defaults began before government restrictions and mediation under Section 9 is permissive and does not bar court action;...

Source-derived case information.

Citation
BA-B52NCvC-284-10/2020 (Mahkamah Sesyen)
Parties
Plaintiff: Mosset Premier Sdn Bhd; Defendant: Uncle Y Food and Beverage Sdn Bhd (formerly Coolhitto Malaysia Sdn Bhd); Defendant: Chenglik Chye
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 March 2021
Case Number
BA-B52NCvC-284-10/2020 (Mahkamah Sesyen)
Procedural Posture
Civil / Strike Out Application (order 18 R 19)
Outcome
application dismissed with costs
Legal Topics
Rent Arrears, Guarantor Liability, Strike Out Under Order 18 R 19, COVID 19 Act Implications, Mediation
Contract Law Landlord and Tenant Civil Procedure Statutory Interpretation Rent Arrears Guarantor Liability Strike Out Under Order 18 R 19 COVID 19 Act Implications +1 more

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Parties

Mosset Premier Sdn Bhd

Plaintiff

Uncle Y Food and Beverage Sdn Bhd (formerly Coolhitto Malaysia Sdn Bhd)

Defendant

Chenglik Chye

Defendant

Procedural Posture

Civil / Strike Out Application (order 18 R 19)

  1. 1 Whether the statement of claim is plain and obvious and liable to be struck out under Order 18 r 19
  2. 2 Whether the guarantor is liable for unpaid rent under the guarantor agreement
  3. 3 Whether the COVID-19 Act excuses performance or prevents termination of the lease

Ratio Decidendi

The strike‑out application was dismissed because the pleadings disclose an arguable cause of action and are not plain and obvious; the defendants' reliance on the COVID‑19 Act fails because defaults began before government restrictions and mediation under Section 9 is permissive and does not bar court action; guarantor liability stands. Costs awarded to plaintiff RM3,000.

Court Disposition

application dismissed with costs

Orders

  • Defendant's application to strike out the statement of claim dismissed
  • Defendants to pay costs of RM3,000 to the plaintiff