15 Jul 2022
3Q Resources (M) Sdn. Bhd. Solidwin Property Sdn.Bhd
- Citation
- P-02(NCvC)(A)-899-05/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(A)-899-05/2019 (Mahkamah Rayuan)
The Court of Appeal held the High Court erred in summarily striking out the appellant’s suit because the pleaded claims raised substantial triable issues of mixed law and fact (validity of shareholder mandate, compliance with an Order For Sale, bona fide purchaser status, applicability of s.340(4) NLC) which required a full trial; prior decisions relied upon by the High Court did not operate as res judicata given the Court of Appeal had earlier reversed and remitted aspects of those proceedings. Accordingly the striking-out and caveat-removal orders were set aside and the appeals allowed.