Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Strike out for no cause of action

Legal area

Court

14 Sept 2021

1. SHAPERS INTERNATIONAL SDN BHD (NO. SYARIKAT : 97444-D) 2. SHAPERS MALAYSIA SDN BHD (NO. SYARIKAT : 547 296-A) 3. MOHD SHUKRI B. ABDULLAH (NO. K/P: 661130-01-5365) 1. HALAL INDUSTRY DEVELOPMENT CORPORATION SDN BHD (NO. SYARIKAT : 747683-X

Citation

BA-22NCVC-117-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-117-03/2021 (Mahkamah Tinggi)

The Statement of Claim, read as pleaded, discloses a prima facie cause of action for wrongful termination and related reliefs; there are disputed questions of fact (including who validly terminated the Principal Agreement and whether IP was returned) that cannot be decided on affidavit; therefore the strike out application fails and must be dismissed.
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.