2 Dec 2020
BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1. ) COSMIC MASTER DEVELOPMENT SDN BHD 2. ) CHOK KIM SIN 3. ) AH KIM MEI
- Citation
- 22M-71-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22M-71-05/2020 (Mahkamah Tinggi)
The application to strike out was dismissed because the counterclaim raised factual and legal issues that were not plain and obvious on the face of the pleadings, the plaintiff failed to discharge the evidential burden (termination letters not exhibited and inconsistent positions on maturity/default), and questions of causation, validity of notices and calculation of shortfall require trial evidence.