16 Dec 2021
HB STAR 2000 SDN BHD MARINA BOAT SERVICES SDN BHD
- Citation
- WA-27NCC-16-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-16-03/2021 (Mahkamah Tinggi)
Summary judgment under Order 14 was refused because factual gaps and missing transactional documents (notably the circumstances of issuance of the Bill of Sale and disbursement mechanics) created 'some other reason' requiring a full trial. On Order 14A the court held that contravention of ss.214(2) and (10) FSA does not, as a matter of law, automatically render the sale and purchase of the vessel void; s.270 FSA and authorities preserve civil enforceability. The RMB part-payment was, on the plaintiff's undisputed documentary evidence, a payment between non-residents and thus not caught by s.2…