21 Nov 2024
Because the defendant complied with the court order dated 21/11/2024 by delivering the requested particulars, the appeal against that order became academic and was therefore declared academic by the court.
14 Nov 2024
Paragraph 4 of the Statement of Claim sufficiently pleads a claim of trespass for the purposes of pleading; the Defendant's application for further and better particulars was a fishing expedition brought belatedly and should be refused; details of the extent and nature of the alleged trespass can be established at full trial by evidence and documents; application dismissed with costs RM3,000.
10 Jul 2024
The pleaded paragraphs that allege publication were struck out because the Statement of Claim and particulars failed to plead or provide evidence that the Termination Letter was published to third parties by the Defendant; internal communications did not amount to publication for libel and there was no basis to infer Defendant published to the named third parties or to the public via its HR database; therefore the essential element of publication was not established and the pleaded allegations were frivolous, vexatious and an abuse of process, justifying strike out and dismissal of the claim.
20 Jan 2020
The Statement of Claim, read alone, disclosed sufficient material facts (existence of contract via quotation, agreed performance period, defects, invoices and payments, engineer's report and hotel costs) to constitute a reasonable cause of action; accordingly the defendant's striking-out application under O.18 r.19 KKM 2012 was dismissed and the claim must proceed to full trial.