23 Nov 2023
NESA GROWTH RESOURCES 1. ) SOLARIMPEX TRADE SDN BHD 2. ) VIJAYARAKAVAN A/L R KRISHNASAMY 3. ) JANATHERAN NAIR A/L BALASUBRAMANIAM 4. ) KUMAR A/L VELLAYAN
- Citation
- BA-22NCvC-134-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-134-05/2020 (Mahkamah Tinggi)
The amendment application was dismissed for inordinate delay, lack of bona fides and prejudice to Defendants that could not be remedied by costs; independently the Plaintiff's substantive claim was dismissed because the Plaintiff lacked legal capacity to sue as pleaded (sole proprietorship sued as a company) and, on the merits, failed to prove existence of the alleged investment agreement or documentary proof of sums claimed so the burden was not discharged; there was no basis to lift the corporate veil as no fraud or impropriety was pleaded or proven.