3 Dec 2019
SARWAN SINGH A/L KUNDAN SINGH AMINAH BINTI FAUDZAR
- Citation
- W-02(IM)(NCC)-998-05/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCC)-998-05/2019 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal because the appellant's pleaded case raising statutory illegality under the FSA and specific allegations of fraud against the respondent were not 'obviously unsustainable' on the face of the pleadings; issues of illegality, the effect on the letter of guarantee and alleged fraud required viva voce evidence and full trial, and doctrines such as ex turpi causa and res judicata could not be applied to dispose summarily where fraud and statutory illegality are pleaded and contested.