11 Jan 2021
KINING EXETON SDN. BHD. 1. UNITED OVERSEAS BANK (MALAYSIA) BERHAD 2. MAJLIS PERBANDARAN KUANTAN
- Citation
- WA-22NCVC-691-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-691-10/2018 (Mahkamah Tinggi)
The court held the action was obviously unsustainable under Order 18 r19 because the injunctive relief sought in the statement of claim was identical to an earlier inter partes injunction application already refused; the bank had paid the guarantee after refusal, rendering claims against the bank academic; the underlying disputes fall within the contract's arbitration clause and must be resolved by arbitration; consequently there remained no reasonable cause of action against the defendants and the action was dismissed with costs.