TAIPAN FOCUS SDN. BHD. (Co. No.: 368001-P) 1. MENTERI BESAR SELANGOR (PEMERBADANAN) (Previously named as Perbadanan Menteri Besar Selangor) (incorporated under Menteri Besar Selangor (Incorporation) Enactment 1994) 2. SELANGOR STATE GOVERNM

TAIPAN FOCUS SDN. BHD. (Co. No.: 368001-P) 1. MENTERI BESAR SELANGOR (PEMERBADANAN) (Previously named as Perbadanan Menteri Besar Selangor) (incorporated under Menteri Besar Selangor (Incorporation) Enactment 1994) 2. SELANGOR STATE GOVERNM

The statement of claim disclosed a viable cause of action based on KDEB's letter as endorsed by the 1st Defendant's resolution; the 1st Defendant raised multiple triable issues (authority of KDEB and its officers, applicability of estoppel, applicability of s75 Contracts Act and others) and public interest, need for oral evidence and the 'some other reason to be a trial' principle required that both the strike out and summary judgment applications be dismissed and the matter proceed to full trial.

Citation
BA-21NCVC-88-11/2018 (Mahkamah Tinggi)
Parties
PLAINTIFF: TAIPAN FOCUS SDN. BHD.; 1st DEFENDANT: MENTERI BESAR SELANGOR (PEMERBADANAN); 2nd DEFENDANT: SELANGOR STATE GOVERNMENT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 August 2019
Case Number
BA-21NCVC-88-11/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (contract and Property) / Interlocutory Applications: Summary Judgment (o14) and Strike Out (o18) Decided; Matter Remitted to Trial
Outcome
Both interlocutory applications (Enc.12 summary judgment and Enc.15 strike out) dismissed; action to proceed to trial.
Legal Topics
Summary Judgment, Strike Out Under O 18 R 19, Limitation, Laches/acquiescence, Equitable Estoppel, Power of Attorney and Agency, Entire Agreement Clause, Penalty Clause (s75 Contracts Act), Public Interest in Judicial Scrutiny of State Transactions
Source Language
Malay/English
Contract Law Civil Procedure Evidence Law Property Law Administrative/public Law Summary Judgment Strike Out Under O 18 R 19 Limitation +6 more

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Parties

TAIPAN FOCUS SDN. BHD.

PLAINTIFF

MENTERI BESAR SELANGOR (PEMERBADANAN)

1st DEFENDANT

SELANGOR STATE GOVERNMENT

2nd DEFENDANT

Procedural Posture

Civil Suit (contract and Property) / Interlocutory Applications: Summary Judgment (o14) and Strike Out (o18) Decided; Matter Remitted to Trial

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether the suit should be struck out under O 18 r 19(1)(a),(b),(d) or by court's inherent jurisdiction or O92 r4
  3. 3 Whether summary judgment under O14 rr1 and 3 should be entered for the plaintiff

Ratio Decidendi

The statement of claim disclosed a viable cause of action based on KDEB's letter as endorsed by the 1st Defendant's resolution; the 1st Defendant raised multiple triable issues (authority of KDEB and its officers, applicability of estoppel, applicability of s75 Contracts Act and others) and public interest, need for oral evidence and the 'some other reason to be a trial' principle required that both the strike out and summary judgment applications be dismissed and the matter proceed to full trial.

Court Disposition

Both interlocutory applications (Enc.12 summary judgment and Enc.15 strike out) dismissed; action to proceed to trial.

Orders

  • Enc.15 (strike out application by 1st Defendant) dismissed
  • Enc.12 (summary judgment application by Plaintiff) dismissed