30 Mar 2023
PERTUBUHAN PERGERAKAN KEBAJIKAN MASYARAKAT KUALA LUMPUR DATUK BANDAR KUALA LUMPUR
- Citation
- WA-21NCvC-59-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCvC-59-09/2019 (Mahkamah Tinggi)
The suit was dismissed because the plaintiff, a registered unincorporated society, lacked capacity to sue in its own name under s.9(c) Societies Act 1966 (a fundamental non-compliance that could not be cured), and on the merits the plaintiff failed to prove misrepresentation and was in fundamental breach of the letter of offer (unauthorised construction, sub-letting, failure to obtain approvals and rent default), so equitable relief and damages were denied; the counterclaim was dismissed for want of evidence and the same statutory non-compliance.