3 Mar 2021
KHAIRUL BIN MOHD NORDIN (NRIC NO: 760822-02-5023) PUBLIC BANK BERHAD
- Citation
- GS 22NCvC-69-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- GS 22NCvC-69-09/2019 (Mahkamah Tinggi)
The Court struck out the plaintiff's writ and statement of claim because (i) the insolvency sanction objection was resolved in favour of the plaintiff, but (ii) the substantive claim disclosed no reasonable cause of action and was plainly unsustainable: the cause of action accrued on 19.12.2012 and is time-barred under Limitation Act s6(1)(a); there is no established duty of care to investigate before lodging a police report given public policy and privilege considerations; and the claim was barred by res judicata/estoppel due to earlier adjudication, such that the pleadings were frivolous, v…