29 Sept 2021
1. NICSMANN MACAN SDN BHD [CO. NO.: 201001043494 (927422-H)] 2. REDFIELD DELUXE (M) SDN BHD [CO. NO.: 201001008903 (893531-M)] 3. JUBLI SIMFONI SDN BHD (CO. NO.: 1330454-A) 4. ONG CHOW CHASE (NRIC NO.: 820319-01-5049) 1. KER PAYD HOCK (NRIC
- Citation
- WA-22NCC-143-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-143-03/2021 (Mahkamah Tinggi)
The strike out application failed because the plaintiffs' claim was not plainly or obviously unsustainable: they alleged grounds (fraud, mistake, misrepresentation, failure of consideration) that if proven could justify setting aside the consent judgments, the present claim includes facts arising after the consent judgments and therefore is not the same cause of action, multiplicity and prolixity complaints were unfounded, and forum challenges are distinct and not a basis for strike out at this stage.