Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 33 rule 2 roc 2012

Legal area

Court

27 Jun 2024

INJECMAX SDN BHD 1. ) CHIN TIAN SOONG 2. ) YAP ENG HONG 3. ) YAP LAI MENG 4. ) NG SEAN MUN

Citation

BA-22NCvC-397-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-397-09/2023 (Mahkamah Tinggi)

The court held that the SPA's entire agreement clause and the 'as is where is' term, viewed with undisputed contemporaneous documents and communications, preclude the Plaintiff from relying on pre-contractual representations; the issues were legal and documentary in nature suitable for determination under Order 33 r 2, and on the facts the Plaintiff was estopped from maintaining the 1st-4th Issues; Defendants' Enclosure 10 was allowed and costs awarded to Defendants.
15 Sept 2022

WONG YEE MEI @ CYNTHIA YVONNE WONG YEE WOON

Citation

WA-22NCvC-676-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-676-10/2020 (Mahkamah Tinggi)

The Court held the Plaintiff lacked capacity to continue the suit because the High Court in OS No.642 had terminated her appointment as administrator and Amanah Raya was the appointed administrator; the pleadings and reliefs showed she sued as administrator and no consent or new appointment was obtained. Further, the claims and issues presented were or should have been litigated in earlier Suit No.136 and are therefore barred by res judicata/estoppel. Consequently the Defendant's pre-trial application succeeded and the Action was dismissed with costs.