XIE SHUILIAN COUNTRY GARDEN DANGA BAY SDN. BHD.

XIE SHUILIAN COUNTRY GARDEN DANGA BAY SDN. BHD.

The court allowed the defendant's application to strike out and set aside the writ and statement of claim because, on the binding appellate authority (Obata Ombak) and related authorities, the plaintiffs' causes of action for LAD were time‑barred under the Limitation Act 1953; procedural irregularities in affidavits...

Source-derived case information.

Citation
JA-A72NCvC-59-01/2022 (Mahkamah Majistret)
Parties
Plaintiff: XIE SHUILIAN; Defendant: COUNTRY GARDEN DANGA BAY SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
JA-A72NCvC-59-01/2022 (Mahkamah Majistret)
Procedural Posture
Civil Interlocutory Application to Strike Out Under Order 18 Rule 19 Rules of Court 2012 / Decision on Interlocutory Striking Out Application
Outcome
Application by Defendant to strike out and set aside the Writ and Statement of Claim allowed.
Legal Topics
Striking Out, Liquidated Ascertained Damages, Locus Standi, Vacant Possession, Invalid Regulatory Amendment
Contract Civil Procedure Property Law Limitation Law Striking Out Liquidated Ascertained Damages Locus Standi Vacant Possession +1 more

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Parties

XIE SHUILIAN

Plaintiff

COUNTRY GARDEN DANGA BAY SDN. BHD.

Defendant

Procedural Posture

Civil Interlocutory Application to Strike Out Under Order 18 Rule 19 Rules of Court 2012 / Decision on Interlocutory Striking Out Application

  1. 1 Whether the plaintiffs have locus standi given purported absolute transfer to Bank of China
  2. 2 Whether the amendment to clause 25(1) extending vacant possession to 48 months is legally valid
  3. 3 Whether the causes of action for LAD are time‑barred under the Limitation Act 1953

Ratio Decidendi

The court allowed the defendant's application to strike out and set aside the writ and statement of claim because, on the binding appellate authority (Obata Ombak) and related authorities, the plaintiffs' causes of action for LAD were time‑barred under the Limitation Act 1953; procedural irregularities in affidavits did not prejudice the defendant but were not determinative of the substantive time‑bar conclusion.

Court Disposition

Application by Defendant to strike out and set aside the Writ and Statement of Claim allowed.

Orders

  • Writ of Summons and Statement of Claim struck out and set aside in the consolidated matters listed
  • Costs awarded to Defendant in the sum of RM1500.00