7 Jul 2020
BELLINI RESOURCES (M) SDN BHD MOHAMAD ZAINI BIN MD TAHA
- Citation
- WA-22IP-78-12/2019 (ENCL. 14) (Mahkamah Tinggi)
- Court
- ENCL. 14
- Case number
- WA-22IP-78-12/2019 (ENCL. 14) (Mahkamah Tinggi)
The Defendant's strike out application was dismissed because the Plaintiff's pleadings disclosed a reasonable cause of action and raised multiple triable issues of fact and law (ownership and status of the trademark, validity of assignment, existence of shareholder resolution, and alleged breach of fiduciary duty) which are not plainly and obviously unsustainable and therefore cannot be resolved summarily; prior proceedings did not establish res judicata as the KL originating summons was withdrawn with liberty to file afresh.