1.ABEO INTERNATIONAL PTE LTD 2.ABEO INTERNATIONAL SDN BHD 3.MICHAEL LIM HEONG HAI TIA AND NOORDIN SOLUTIONS PTE LTD

1.ABEO INTERNATIONAL PTE LTD 2.ABEO INTERNATIONAL SDN BHD 3.MICHAEL LIM HEONG HAI TIA AND NOORDIN SOLUTIONS PTE LTD

The High Court held the striking out application was defective for improperly combining disjunctive grounds and was filed late after Defendants had filed defences (constituting submission to jurisdiction); the Plaintiff had a reasonable cause of action supported by admissions in the defences and contradictions in...

Source-derived case information.

Citation
JA-12A-NCVC-132-09/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: ABEO International Pte Ltd; Appellant/defendant: ABEO International Sdn Bhd; Appellant/defendant: Michael Lim Heong Hai; Respondent/plaintiff: Tia and Noordin Solutions Pte Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 April 2020
Case Number
JA-12A-NCVC-132-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal to High Court Against Sessions Court Decision on Striking Out Application
Outcome
Appeal dismissed
Legal Topics
Striking Out Pleadings, Order 18 Rule 19 ROC, Novation, Locus Standi, Further and Better Particulars, Service and Submission to Jurisdiction
Civil Procedure Contract Law Jurisdictional Law Company Law Striking Out Pleadings Order 18 Rule 19 ROC Novation Locus Standi +2 more

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Summary, issues, holding and outcome

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Parties

ABEO International Pte Ltd

Appellant/defendant

ABEO International Sdn Bhd

Appellant/defendant

Michael Lim Heong Hai

Appellant/defendant

Tia and Noordin Solutions Pte Ltd

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal to High Court Against Sessions Court Decision on Striking Out Application

Legal Issues

  1. 1 Whether the striking out application was defective for combining disjunctive grounds
  2. 2 Whether the Plaintiff disclosed a reasonable cause of action
  3. 3 Whether absence of particulars of fraud justified striking out

Ratio Decidendi

The High Court held the striking out application was defective for improperly combining disjunctive grounds and was filed late after Defendants had filed defences (constituting submission to jurisdiction); the Plaintiff had a reasonable cause of action supported by admissions in the defences and contradictions in later affidavits; deficiencies in particulars of fraud were a matter for further particulars not striking out. Accordingly the appeal was dismissed and the striking out application failed.

Court Disposition

Appeal dismissed

Orders

  • Striking out application dismissed
  • Appeal dismissed with costs of MYR2,500 (subject to allocatur fees)