25 Oct 2021
ALPINE PIPE MANUFACTURING SDN BHD 1. PORCELAIN ACE MARKETING SDN BHD 2. FOO ONN 3. MAZLAN BIN MOHD YUNUS
- Citation
- BL-12ANCC-6-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12ANCC-6-08/2021 (Mahkamah Tinggi)
The High Court allowed the appeal because the defendants had accepted delivery (signed delivery notes), failed to return or notify defects promptly, and defendants 2 and 3 are guarantors not parties to a primary defect claim; therefore the counterclaim was an afterthought, obviously unsustainable and an abuse of process, justifying strike out under Order 18 Rule 19(1)(b),(c) and (d).