Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Mixed questions of fact and law

Legal area

Court

2 May 2023

1. ) Dato Dr Ng Meng Kee 2. ) Ng Meng Poh 3. ) Mega Fortris Sdn Bhd Rightlink Capital Sdn Bhd

Citation

W-02(IM)(NCvC)-1013-06/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-1013-06/2022 (Mahkamah Rayuan)

The Court upheld the High Court's refusal to decide the posed questions under Order 14A because the questions were inseparable from contested factual matters and mixed issues of fact and law; proper assessment required evidence at trial (including potential expert evidence) and the counterclaim/other issues meant the questions would not finally dispose of the suits; no misdirection in the High Court's exercise of discretion was shown.
2 May 2023

1. ) Dato Dr Ng Meng Kee 2. ) Ng Meng Poh Rightlink Capital Sdn Bhd

Citation

W-02(IM)(NCvC)-1012-06/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-1012-06/2022 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's exercise of discretion to dismiss the Order 14A applications because the issues of whether the services constituted 'regulated activities' and whether a licence was required were intertwined with contested factual matters and voluminous documentary and potentially expert evidence; therefore the questions could not be decided summarily on the pleadings and required a full trial; no appellate misdirection was shown.