30 Nov 2021
EMBUN KARISMA RESOURCES (M) SDN BHD [COMPANY NO. 737690-W] NAGARAJU A/L VENGADASALU [NRIC NO. 750719-01-7229]
- Citation
- JA-22NCVC-179-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCVC-179-10/2019 (Mahkamah Tinggi)
The application to strike out was dismissed because the defendant filed it with inordinate delay without a satisfactory explanation and because the defence raised a real and central dispute of fact (that the monies were advanced by a third party, Muthusamy, not the plaintiff), making the claim not obviously unsustainable and inappropriate for summary disposal; additionally, s10OA did not operate to render the plaintiff an illegal moneylender on the facts before the court.