20 Jul 2022
Kelana Galian Sdn. Bhd. 1. ) 32 Datahills Sdn. Bhd. 2. ) Vignesh Naidu a/l Kuppusamy Naidu 3. ) Tan Beng Tatt 4. ) Ooi Chooi Yin 5. ) Tan Yin Sim 6. ) Tan Yin San 7. ) BT Bina Group Sdn. Bhd. 8. ) Au Yong Wai Yan 9. ) Yeoh Bee Ling 10. ) Te
- Citation
- WA-22NCvC-772-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-772-11/2021 (Mahkamah Tinggi)
The striking out application was dismissed because the statement of claim, on its face, disclosed a reasonable cause of action and raised triable issues of fact — notably alleged arrangements between purchasers, whether Defendants were privy to such arrangements, the lawfulness of termination, disputed payment amounts, and allegations of fraud and conspiracy — matters that require full trial and viva voce evidence; striking out is only appropriate in plain and obvious cases where the claim is obviously unsustainable.