12 Apr 2021
1. ) MALACHEMENAIDU A/L APPLANAIDU 2. ) NIPHAPORN BUTSABIN 1. ) DATIN SERI HAJJAH SARAH SAYEED MAJANGAH 2. ) DATUK SERI HAJI GHULAM MOHAMMED SAYEED 3. ) PERIASAMY A/L MARI 4. ) CECILA JANE JOSEPH SEBASTIAN 5. ) KAMALJIT KAUR SANDHU
- Citation
- 22NCVC-662-12/2015 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC-662-12/2015 (Mahkamah Tinggi)
The strike out application was dismissed because the Statements of Claim, read as true at interlocutory stage, disclose a reasonable cause of action in unjust enrichment and are not plainly or obviously unsustainable; prior striking‑out orders and the Sessions Court judgment did not have the necessary identity of parties/issues to estop the plaintiffs from proceeding, and locus standi was confirmed by the bankruptcy court's finding that the claims were not provable in bankruptcy; amendments to pleadings were permitted instead of striking out.