28 Apr 2021
LUCASARK CAPITAL LAND SDN BHD (NO. SYARIKAT: 86743-U) 1. LOO GEOK IMM (NO. K/P: 530310-07-5410) 2. TAN CHEONG KEAN (NO. K/P: 520222-07-5489) 3. CIMB BANK BERHAD (NO. SYARIKAT: 13491-P)
- Citation
- PA-22NCvC-130-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-130-08/2020 (Mahkamah Tinggi)
The court refused to strike out both the 2nd defendant's Defence and the 1st defendant's Counterclaim because the pleadings raised triable issues of fraud and limitation that could not be fairly determined on a summary application: fraud allegations require trial by viva voce evidence and under s29 Limitation Act 1953 time only runs from discovery; the 1st defendant had locus standi and sufficiently particularised factual averments to sustain a counterclaim including potential breach of s67 Companies Act. Consequently neither pleading was plainly and obviously unsustainable.