23 Mar 2022
SRI SIVA SARAVANAKUMAR AFFIN BANK BERHAD
- Citation
- WA-12ANCvC-188-06/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-188-06/2021 (Mahkamah Tinggi)
The High Court allowed the appeal and set aside the Sessions Court striking out because there were triable issues of fact—notably whether the alleged defects were discoverable on inspection—so the exclusion clauses and Section 7(2) could not be taken as a matter of law to defeat the claim; therefore striking out was inappropriate and the matter must proceed to trial.