Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Illegality defence (ex turpi causa)

Legal area

Court

23 Aug 2021

DOLLY NG SURANDERAN A/L G KUPPUSAMY

Citation

BL-22NCVC-4-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCVC-4-03/2021 (Mahkamah Tinggi)

The application to strike out was dismissed because there are competing factual versions as to the purpose and character of the payments and the illegality pleaded is intertwined with disputed facts; therefore the threshold for summary disposal under Order 33/14A is not met and the illegality defence cannot be resolved without a full trial.
27 May 2021

1. TAY KIM SWEE @ TEY KIM SWEE 2. TAY KIM SWEE @ TEY KIM SWEE [Mendakwa selaku Pemegang Surat Kuasa Wakil Aziz Bin Amir] LIM CHIN HUWA

Citation

JB-22NCVC-30-07/2020 (LAMPIRAN 11) (Mahkamah Tinggi)
Court

LAMPIRAN 11
Case number

JB-22NCVC-30-07/2020 (LAMPIRAN 11) (Mahkamah Tinggi)

The application to strike out was dismissed because the illegality defence and other factual/legal issues were not plainly and obviously fatal on the face of the pleadings; the matters raised required full trial and could not be resolved summarily under O.18 r.19.