30 Jan 2022
REGAL ELITE LETRIK SDN BHD COUNTRY GARDEN DANGA BAY SDN BHD PIHAK KETIGA 1. ) ISKANDAR WATERFRONT SDN BHD 2. ) PEMBINAAN KS TEBRAU SDN BHD 3. ) LEADER HARVEST CONSTRUCTION SDN BHD
- Citation
- JA-22NCvC-64-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-64-05/2021 (Mahkamah Tinggi)
The striking out application was allowed because the plaintiff's claim, on the face of the pleadings, disclosed no reasonable cause of action and was plainly unsustainable: the plaintiff had already judicially admitted responsibility for the rectification/diversion costs in earlier proceedings, the claim amounted to forum shopping/issue switching and an abuse of process, and the doctrine of res judicata/estoppel applied; accordingly the suit was susceptible to summary dismissal under O.18 r.19 ROC 2012.