22 Mar 2022
MEGA CONTINENTAL SDN. BHD. AEON BIG (M) SDN. BHD.
- Citation
- PA-24NCvC-49-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-24NCvC-49-01/2021 (Mahkamah Tinggi)
The court dismissed the strike out applications and held that (a) declaratory relief does not require a cause of action and the plaintiff had standing; (b) the 433B approval granted after the earlier OS 466/2019 is a new fact that falls within exceptions to res judicata in its wider sense and therefore does not bar the present originating summons; (c) clause 26.3 converted the agreement into a temporary monthly tenancy pending fulfilment of the condition precedent and that upon the 433B approval the agreement became capable of registration as a lease; accordingly declarations (1), (3) and (4)…