23 Sept 2020
NIK MERJAN BINTI NIK HASAN (Berniaga di bawah nama dan gaya EMYRA TRADING) SHELL MALAYSIA TRADING SDN BHD
- Citation
- DA-12ANCVC-1-10/2019 & DA-12ANCVC-2-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12ANCVC-1-10/2019 & DA-12ANCVC-2-10/2019 (Mahkamah Tinggi)
The High Court held there was no basis to interfere with the Sessions Court's exercise of discretion to extend time and to allow the defendant to defend; summary judgment and strike out applications by the plaintiff were refused because the defendant raised triable issues (including non‑communication of change in payment terms) and no clear equitable set-off or unsustainable counterclaim was shown. Appeals were dismissed and the matter remitted to the Sessions Court for full trial.