15 Oct 2021
Kainan Sdn Bhd Ocean Packaging & 1 Lagi
- Citation
- WA-12ANCC-85-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-85-06/2021 (Mahkamah Tinggi)
The Statement of Claim prima facie discloses a reasonable cause of action against the 2nd Defendant for misrepresentation and guarantee and raises triable issues including an admission by electronic message; the Sessions Court erred in cumulatively relying on O 18 r 19(1)(a) together with affidavit evidence and in striking out the SOC where the claim was not plainly unsustainable; the appeal is allowed and the striking out order set aside so the matters proceed to full trial.