22 Jul 2025
SARAL A/P KERUSSNAN KABINA A/P LEVAN(MEMBAWA AMALAN UNDANG-UNDANG ATAS NAMA KABINA LEVAN & CO)
- Citation
- WA-A53-41-11/2024 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A53-41-11/2024 (Mahkamah Sesyen)
The court struck out the writ and statement of claim because the plaintiff had accepted and paid the invoices without protest (estoppel), failed to plead or prove particulars of fraud or special damages, the claim was filed after an excessive unexplained delay and was therefore barred by laches/limitation (Limitation Act 1953 s32), and any alleged frustration of the retainer was self‑induced by the plaintiff; accordingly the claim was obviously unsustainable and dismissal without leave was warranted.