5 Jan 2021
Syed Abdul Rahman bin Tuan Kuning 1. CIMB Bank Berhad 2. Southeast Asia Special Assets
- Citation
- WA-22NCC-311-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-311-07/2020 (Mahkamah Tinggi)
On the face of the pleaded Statement of Claim, assuming the pleaded facts true, the claim discloses a reasonable cause of action that allegations of concealment of the 2007 NOD may amount to fraud under s.44 Evidence Act 1950 and materially affected the prior judgment; such allegations raise triable issues that cannot be resolved by summary striking out under O.18 r.19 ROC 2012, therefore both strike out applications were dismissed and the action allowed to proceed to full trial.