1 Jan 1900
LOH KUAM HONG (NO. K/P: 650403-07-5125) KEWIRA JAYA SDN BHD (NO. SYARIKAT: 504851-V)
- Citation
- PA-22NCVC-159-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCVC-159-07/2019 (Mahkamah Tinggi)
The Statement of Claim did not disclose a viable cause of action to nullify the SPA or to claim restitutio ad integrum because the SOC failed to plead the contractual terms or breaches relied upon, section 40 CA requires total failure of consideration to permit rescission and the pleaded facts showed affirmation and delay that estopped rescission; accordingly the SOC was bound to fail and was struck out.