13 Jun 2023
Vitalingam a/l Pitchay Muthu 1. ) Pentadbir Tanah dan Daerah Timur Laut 2. ) Cerah Bakti Sdn Bhd 3. ) Neoh Wee Peng
- Citation
- PA-24NCvC-822-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-24NCvC-822-11/2020 (Mahkamah Tinggi)
The originating summons was procedurally defective for inadequate intitulement and particulars, but the pleaded cause of action (breach of the compensation agreement and the trust/undertaking in exhibit C) justified permitting the matter to proceed; therefore the proper remedy is conversion to writ so that the factual disputes, issues of appeal under s.418 and limitation can be fully ventilated through pleadings. The court ordered conversion of the originating summons to a writ and directed that affidavits already filed shall stand as pleadings.