7 Jun 2022
MEGATECH M&E ENGINEERING SERI MUTIARA DEVELOPMENT SDN BHD
- Citation
- BA-24C-89-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-89-12/2021 (Mahkamah Tinggi)
The court refused to invoke inherent jurisdiction under O92 r4 when O18 r19 RC expressly governs strike-out; the originating summonses were not plain and obvious candidates for striking out because s30 CIPAA creates a statutory cause of action. Prior High Court findings affirmed by the Court of Appeal that lifted the corporate veil and identified Brecon and Seri Mutiara as Axisjaya’s principals produced issue estoppel that barred defendants from denying principal status. Defendants failed to discharge the evidential burden under s106 EA to show no sums were due or payable at the time of deman…