15 Jun 2021
NEATA ALUMINIUM (M) SDN. BHD. (Co. No.: 188165-T) 1. CASTMET SDN. BHD. (Co. No.: 488295-D) 2. TUJUAN GEMILANG SDN. BHD. (Co. No.: 659474-D)
- Citation
- BA-22C-31-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-31-09/2020 (Mahkamah Tinggi)
The court allowed the strike out (Enc.8) as there was no privity of contract between Plaintiff and 2nd Defendant and the cheque was never delivered (no holder/holder-in-due-course rights), so the claim against the employer was frivolous/vexatious or an abuse of process; the joinder rule cannot be used to circumvent privity. The court refused the s10(1) AA stay (Enc.11) because the 1st Defendant had taken decisive steps (filing suit and defence) demonstrating an unequivocal intention to litigate, thereby failing the second condition for a mandatory stay; accordingly Clause 29.3 could not be in…