TEO PIK TAU JB CITYTOWERS SDN BHD

TEO PIK TAU JB CITYTOWERS SDN BHD

On the face of the pleadings the Plaintiff failed to plead material facts establishing an enforceable contract or agency relationship with the Defendant (no pleaded appointment, no offer and acceptance, no consensus ad idem, inadequate specification of terms and parties), the claim was therefore obviously...

Source-derived case information.

Citation
JA-22NCvC-148-11/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Teo Pik Tau; Defendant: JB Citytowers Sdn Bhd (Company No. 287926-X)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 May 2025
Case Number
JA-22NCvC-148-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Litigation (guaman Sivil) / Interlocutory — Striking Out Application (order 18 R.19) Decided in High Court
Outcome
Defendant's striking out application (Lampiran 9) allowed; Plaintiff's amendment application (Lampiran 24) dismissed as academic
Legal Topics
Strike Out, Cause of Action, Abuse of Process, Commission Dispute, Consultancy/agency Agreement
Contract Civil Procedure Property Law Agency Law Strike Out Cause of Action Abuse of Process Commission Dispute +1 more

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Parties

Teo Pik Tau

Plaintiff

JB Citytowers Sdn Bhd (Company No. 287926-X)

Defendant

Procedural Posture

Civil Litigation (guaman Sivil) / Interlocutory — Striking Out Application (order 18 R.19) Decided in High Court

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action against the Defendant
  2. 2 Whether the claim is scandalous, frivolous or vexatious under O.18 r.19(1)(b)
  3. 3 Whether the proceedings constitute an abuse/misuse of court process under O.18 r.19(1)(d)

Ratio Decidendi

On the face of the pleadings the Plaintiff failed to plead material facts establishing an enforceable contract or agency relationship with the Defendant (no pleaded appointment, no offer and acceptance, no consensus ad idem, inadequate specification of terms and parties), the claim was therefore obviously unsustainable; further affidavit evidence exposed pleadings as scandalous/frivolous and an abuse of process; accordingly the Defendant's striking out application under O.18 r.19(1)(b) and (d) succeeded and the writ and statement of claim were struck out. The Plaintiff's amendment application (Lampiran 24) was rendered academic and dismissed.

Court Disposition

Defendant's striking out application (Lampiran 9) allowed; Plaintiff's amendment application (Lampiran 24) dismissed as academic

Orders

  • Writ and Statement of Claim struck out
  • Lampiran 9 allowed with costs subject to allocator