29 Apr 2025
NG POH HWA 1. ) HIJAUAN KIARA MANAGEMENT CORPORATION 2. ) BUKIT KIARA PROPERTIES SDN BHD
- Citation
- WA-22NCvC-632-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-632-11/2023 (Mahkamah Tinggi)
The court struck out the Writ and Statement of Claim against both defendants because the SoC, on its face, failed to disclose a reasonable cause of action against the Management Corporation (D1) as it lacked statutory power under SMA 2013 and STA 1985 to effect the reliefs sought; and the claim against the developer (D2) failed for want of pleaded material facts establishing privity or promissory estoppel. Where permitted, affidavit evidence showed the claim was frivolous or vexatious and constituted an abuse of process, justifying strike out under limbs (a), (b) and (d) of O.18 r.19(1).