21 Apr 2025
HIGH POINT FURNISHING SDN BHD PRESIDENT HOTEL SDN BHD
- Citation
- WA-22C-36-04/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-36-04/2024 (Mahkamah Tinggi)
There is no contractual nexus between the Plaintiff and the 2nd Defendant; the Plaintiff's remedy is against MMSSB with whom it contracted. The statutory test for restitution under Section 71 (Siow Wong Fatt) is not satisfied as the requisite elements are absent. Consequently the claim against the 2nd Defendant discloses no cause of action and is an abuse of process; Enclosure 29 is allowed and costs awarded to D2.