4 Jan 2022
KWAN SUE YUAN iHEAL MEDICAL SERVICES SDN BHD
- Citation
- WA-12ANCvC-130-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-130-04/2021 (Mahkamah Tinggi)
Summary judgment was inappropriate because the plaintiff's claim was founded on allegations of fraud which O.14 r.1(2)(b) bars from summary disposal; the plaintiff's evidential basis (an unsigned, undated one-page internal summary) was insufficient to establish the losses without trial, the voluntariness and admissibility of the defendant's admissions required full testing at trial, and disputed issues concerning employer identity/secondment and applicable notice period were bona fide triable issues; hence the Sessions Court's summary judgment was set aside and the matter remitted for full tr…