13 Jan 2020
CAIRNHILL HOTEL (M) SDN BHD TAN POH LEE
- Citation
- W-02(IM)(NCvC)-790-04/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-790-04/2019 (Mahkamah Rayuan)
The High Court erred in striking out the appellant’s claim because the pleaded cause of action was for abuse of process and trespass raising disputed questions of fact and authority that could not be resolved on affidavit; it was not plain and obvious that the claim was unsustainable and therefore the matter must proceed to trial; accordingly the appeal was allowed, the High Court order set aside and the case remitted for case management and trial.