3 Oct 2019
EVA TIPPOLD (NO. PASPOT AUSTRIA : P7939320) PRAKASHN BK RAGAVAN (NO. KP : 660821-03-5731)
- Citation
- WA-22NCVC-352-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-352-05/2019 (Mahkamah Tinggi)
The court held the defendant's Order 18 r.19 application must be dismissed because there are genuine disputed facts and triable issues (including documentary admissions and bank transfers) making the claim not 'obviously unsustainable'; the 19.8.2011 letter constituted an acknowledgement with prospective payment terms so did not necessarily start the limitation period, subsequent communications and a 2015 demand fell within six years, and the Court of Appeal order mandating a full trial meant res judicata did not bar the present proceedings.