14 Jun 2021
1. ) TAN SENG CHUAN 2. ) TAN CHOON HUAT 4 SEGI SDN BHD
- Citation
- BL-22-NCVC-6-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-22-NCVC-6-10/2020 (Mahkamah Tinggi)
Summary judgment was refused because the plaintiffs' affidavits did not dispel disputed factual issues: the MDKL letter was not an unconditional approval, IWK technical requirements and refusal by neighbouring landowners raised triable issues, and plaintiffs failed to prove breach and provide an evidential basis for the loss-of-profit calculation. The defendant must be allowed to call witnesses and test the evidence at a full trial.