6 Jan 2022
LEW ON @ LEW TEE YEE MOHAMMAD BIN MUHAMED AVVUU And / or all those who are claimed against, on the property that is held under the Title GRN 529187 LOT 58790, Simpang Kanan Sub District, Batu Pahat District, Johore PIHAK KETIGA 1. ) SETIAMA
- Citation
- JB-22NCVC-44-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-22NCVC-44-09/2020 (Mahkamah Tinggi)
The court refused Setiamas Sdn Bhd's strike out application because the third party claim raised triable issues and was not 'obviously unsustainable'; the court allowed Batu Pahat Municipal Council's strike out application because the council had no statutory power or nexus regarding land subdivision, issuance or transfer of titles and thus the claim disclosed no reasonable cause of action; the court held Order 16 r.4 is permissive ('may') and failure to seek directions is not fatal; limitation did not bar the third party claim as time ran from service of the writ.