1 Mar 2024
SISTEM PENYURAIAN TRAFIK KL BARAT HOLDINGS SDN. BHD. Time Dotcom Berhad
- Citation
- WA-12BNCvC-63-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-63-04/2023 (Mahkamah Tinggi)
Minor imprecision in particulars of a Statement of Claim does not automatically defeat a claim; where evidence and admissions establish the material facts and the defendant is not surprised or prejudiced, the court must decide on the merits. Applying that test, the Sessions Court was wrong to dismiss the plaintiffs; DBKL remained liable for failure to maintain the road and Sprint and Time Dotcom are liable on indemnity where evidence and admissions supported those claims.