28 Nov 2024
CHEW KEA SEW 1. ) KALIDAS A/L KOMARAWELO 2. ) KASAEVAN A/L MANOHARAN
- Citation
- PA-22NCvC-152-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-152-08/2020 (Mahkamah Tinggi)
Application to strike out was dismissed because it would be unjust to strike out the defence solely for non-compliance in circumstances where the High Court and Court of Appeal had already determined the matter unsuitable for summary disposal and that serious triable issues exist; the application amounted to abuse of process and the court exercised discretion to dismiss it and strike out the Plaintiff's writ and statement of claim for failure to be ready for trial, with liberty to re-file.