10 May 2022
GASING POTENSI CONSTRUCTION SDN BHD HYPER ACT MARKETING SDN BHD
- Citation
- AA-22NCvC-103-08/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-22NCvC-103-08/2018 (Mahkamah Tinggi)
The court refused to strike out the defendants' counterclaims: the Court of Appeal's ex tempore allowance of summary judgment based on admissions of debt did not clearly decide the factual issues underpinning the counterclaims (demolition and defective construction), CMS minutes/ex tempore judgment did not produce written reasons sufficient to constitute res judicata on those factual matters, and the counterclaims disclosed triable issues and were not plainly unsustainable; accordingly the striking out applications were dismissed and the consolidated actions were directed to pre-trial and tri…