20 Aug 2021
WONG WENG KUNG (NRIC NO: 720909-08-5057) 1. ) SYARAZANA ADILA BT HJ ABDULLAH 2. ) TETUAN GULAM, MAEZAH & ADILA
- Citation
- WA-12ANCvC-80-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-80-03/2021 (Mahkamah Tinggi)
The High Court allowed the appeal, holding the Sessions Court erred in striking out the suit because the pleadings and documentary evidence (notably the letter dated 2-11-2017) disclosed a reasonable cause of action and raised factual issues—specifically whether the defendants, as stakeholders under the undertaking, breached their duties by releasing the deposit—which must be tried; therefore Order 18 rule 19 was improperly applied.