21 Oct 2021
YAP CHEE KEONG HOLDINGS SDN. BHD. (Co. No.: 424020-P) COSMOPOLITAN AVENUE SDN. BHD. (Co. No.: 888713-V)
- Citation
- BA-12AC-14-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12AC-14-10/2020 (Mahkamah Tinggi)
The High Court allowed the appeal and set aside the Sessions Court strike out because O 55 r 7 RC permits admission of subsequent evidence such as the bank's consent where it would likely have a determining influence; the LACA, read with their factual matrix, evidenced intention to create security by way of charge so the plaintiff retained equitable and beneficial title and locus standi to sue; the plaintiff pleaded triable issues (lack of consideration, misrepresentation and repudiatory breach of the alleged settlement) which made strike out inappropriate; declaratory relief under s 41 SRA a…