14 Jan 2020
AIA BERHAD DR TAN SIEW HUI
- Citation
- PA-12ANCVC-37-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12ANCVC-37-08/2019 (Mahkamah Tinggi)
The High Court allowed the appeal because the Learned Sessions Court Judge erred in bypassing the procedural first stage under Order 33 r.2 and deciding the substantive applicability of Exclusion Clause 14 without giving directions and without hearing the issue proper; estoppel allegations require extrinsic factual evidence obtainable at trial and the applicability of the exclusion involves factual issues that cannot be determined summarily, so the Sessions Court order and subsequent proceedings including assessment of damages were set aside and the matter remitted for ordinary trial.