SKYTECH SYNERGY SDN BHD LOW HUI PING

SKYTECH SYNERGY SDN BHD LOW HUI PING

The court found, on the evidence of the quotation, invoices and payment records, that the 1st Defendant signed in her capacity as chairman of the registered society and not in her personal capacity; accordingly privity of contract and s9(c) of the Societies Act mean there is no cause of action against her personally and the claim against her must be struck out.

Citation
JA-12ANCvC-15-07/2024 (Mahkamah Tinggi)
Parties
Plaintiff: SKYTECH SYNERGY SDN BHD; Defendant (personal Capacity): LOW HUI PING; Defendant (chairman of Persatuan Penduduk Taman Bukit Indah 10): LOW HUI PING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 January 2025
Case Number
JA-12ANCvC-15-07/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; Writ of Summons and Statement of Claim against 1st Defendant struck out for no cause of action
Legal Topics
Privity of Contract, Capacity to Sue or Be Sued, Strike Out Application, Order 18 R19, Order 92 R4, Default Judgment
Source Language
Malay/English
Contract Law Civil Procedure Societies Law Privity of Contract Capacity to Sue or Be Sued Strike Out Application Order 18 R19 Order 92 R4 +1 more

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Parties

SKYTECH SYNERGY SDN BHD

Plaintiff

LOW HUI PING

Defendant (personal Capacity)

LOW HUI PING

Defendant (chairman of Persatuan Penduduk Taman Bukit Indah 10)

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the 1st Defendant signed the quotation in her personal capacity or as chairman of the society
  2. 2 Whether the 1st Defendant is personally liable for the contract debt of the society
  3. 3 Whether the Writ of Summons and Statement of Claim against the 1st Defendant should be struck out for no cause of action

Ratio Decidendi

The court found, on the evidence of the quotation, invoices and payment records, that the 1st Defendant signed in her capacity as chairman of the registered society and not in her personal capacity; accordingly privity of contract and s9(c) of the Societies Act mean there is no cause of action against her personally and the claim against her must be struck out.

Court Disposition

Appeal dismissed; Writ of Summons and Statement of Claim against 1st Defendant struck out for no cause of action

Orders

  • Enclosure 16 allowed
  • Writ of Summons and Statement of Claim against 1st Defendant set aside