21 Oct 2025
SHASHI RAJ A/L MOHAN 1. ) DATO ROSAL AZIMIN BIN AHMAD 2. ) TETUAN SHAMSUDDIN & CO
- Citation
- WA-22NCC-68-02/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-68-02/2025 (Mahkamah Tinggi)
The claim against the 2nd defendant disclosed no reasonable cause of action and was frivolous or vexatious because the pleaded facts and contemporaneous documents show D1 alone contracted to borrow and to repay the Principal Sum, the Confirmation Letter emanated from D1 personally, and D2’s only pleaded role was receipt of monies as agent; under s.183 an agent is not personally liable absent an express contract or applicable presumption, therefore the writ against D2 was rightly struck out.