Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Striking out test

Legal area

Court

2 Mar 2022

SUNWAY CITY SDN BHD OTIS ELEVATOR COMPANY (M) SDN BHD PIHAK KETIGA SYARIKAT PEMBENAAN YEOH TIONG LAY

Citation

BA-22NCvC-506-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-506-11/2019 (Mahkamah Tinggi)

The Court struck out the Defendant’s claims for contribution and indemnity because they are contractual in substance and premised on a payment agreement to which the 3rd Party was not a party (privity defect) and no facts justify implying an indemnity; however the Defendant’s unjust enrichment claim raises triable issues (including accrual date and whether payment related to Defendant’s work) and is therefore not suitable for striking out and must proceed to trial.
25 Oct 2021

1. ACE SOLUTION INVESTMENTS LIMITED [Company No.: 1678746] 1. VIP GLOVES LIMITED [Company No.: 83057884876] 2. WONG KAI FATT [Identity Card No.: 641126106629] 3. CHEN WEE MIN [Identity Card No.: 590731106515] 4. LEE CHOONG CHOY [Identity Ca

Citation

WA-22NCC-506-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-506-10/2020 (Mahkamah Tinggi)

The Plaintiff failed to prove payment of the agreed consideration into the accounts specified by D1 and produced no evidence of refund; absent proof of payment there was no valid contract formed under the Share Form, consequently the Plaintiff's claim for specific performance and the conspiracy claims against D2 to D4 were obviously unsustainable and the striking out applications were allowed.