MY-PARTNERS VIDEO TECHNOLOGY SOLUTIONS SDN. BHD. 1. ) Universiti Teknologi MARA (UiTM) 2. ) PROF. DATO' IR Ts. DR. HJ. MOHD FOZI ALI 3. ) PROF. MADYA DR. HAIDAR DZIYAUDDIN

MY-PARTNERS VIDEO TECHNOLOGY SOLUTIONS SDN. BHD. 1. ) Universiti Teknologi MARA (UiTM) 2. ) PROF. DATO' IR Ts. DR. HJ. MOHD FOZI ALI 3. ) PROF. MADYA DR. HAIDAR DZIYAUDDIN

The claim against the 2nd and 3rd Defendants was struck out because the pleaded loss (RM3,911,238.00) is loss allegedly arising from the expired contractual agreement and lacks the necessary nexus to the tort of misrepresentation pleaded against those defendants; therefore the statement of claim discloses no...

Source-derived case information.

Citation
BA-22NCvC-53-02/2023 (Mahkamah Tinggi)
Parties
Plaintiff: MY-PARTNERS VIDEO TECHNOLOGY SOLUTIONS SDN BHD; 1st Defendant: UNIVERSITI TEKNOLOGI MARA; 2nd Defendant: PROF. EFENDAN-; 3rd Defendant: PROF. MADYA DR. HAIDAR DZIYAUDDIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 January 2025
Case Number
BA-22NCvC-53-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil (breach of Contract and Tort Misrepresentation) / Interlocutory Application Decided: Strike Out Under Order 18 Rule 19(1)
Outcome
Claim against the 2nd and 3rd Defendants dismissed for disclosing no reasonable cause of action
Legal Topics
Misrepresentation, Negligent Misrepresentation, Fraudulent Misrepresentation, Immunity From Suit, Strike Out/no Reasonable Cause of Action
Contract Law Tort Statutory Immunities Civil Procedure Misrepresentation Negligent Misrepresentation Fraudulent Misrepresentation Immunity From Suit +1 more

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Parties

MY-PARTNERS VIDEO TECHNOLOGY SOLUTIONS SDN BHD

Plaintiff

UNIVERSITI TEKNOLOGI MARA

1st Defendant

PROF. EFENDAN-

2nd Defendant

PROF. MADYA DR. HAIDAR DZIYAUDDIN

3rd Defendant

Procedural Posture

Civil (breach of Contract and Tort Misrepresentation) / Interlocutory Application Decided: Strike Out Under Order 18 Rule 19(1)

Legal Issues

  1. 1 Whether 2nd and 3rd Defendants enjoyed immunity from suit under section 34A of the UiTM Act and related statutory provisions
  2. 2 Whether the statement of claim disclosed a reasonable cause of action in tort against the 2nd and 3rd Defendants
  3. 3 Whether the pleaded loss of RM3,911,238.00 has the required nexus to the alleged torts of misrepresentation

Ratio Decidendi

The claim against the 2nd and 3rd Defendants was struck out because the pleaded loss (RM3,911,238.00) is loss allegedly arising from the expired contractual agreement and lacks the necessary nexus to the tort of misrepresentation pleaded against those defendants; therefore the statement of claim discloses no reasonable cause of action against them.

Court Disposition

Claim against the 2nd and 3rd Defendants dismissed for disclosing no reasonable cause of action

Orders

  • Enclosure 10 allowed and action against the 2nd and 3rd Defendants dismissed
  • Global costs awarded to the 2nd and 3rd Defendants: RM10,000.00