20 Jan 2026
DHAYALAN A/L SUBRAMANIAM 1. ) PA RECRUITMENT (KL) SDN BHD 2. ) DIEBOLD NIXDORF SDN.BHD
- Citation
- WA-12ANCvC-80-06/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-80-06/2025 (Mahkamah Tinggi)
The appeal is dismissed because the statement of claim, on its face, disclosed no reasonable cause of action against the respondent: the pleaded basis was breach of OSHA duties which s59 expressly precludes from giving rise to a private civil action, the appellant failed to plead an occupiers' liability cause of action with requisite material facts, the solicitor's affidavit was inadmissible for lack of personal knowledge and, alternatively, the claim was barred by inordinate unexplained delay (laches); therefore the Sessions Court's striking-out order under Order 18 r 19(1)(a),(b) and (d) wa…