8 Jan 2021
1. WONG POH KIM @ MARY ANN 2. LAI SING FOO 1. BURSA MALAYSIA DEPOSITORY SDN. BHD. 2. YAP KIT CHUAN
- Citation
- 22NCC-264-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-264-06/2020 (Mahkamah Tinggi)
The application to strike out was dismissed because the plaintiffs have a good and arguable case: the 1st Defendant improperly relied on a statutory declaration (not an order naming the plaintiffs) to suspend the plaintiffs' CDS accounts under Bursa Depository Rules; the 1st Defendant had not established on affidavit that it acted in independent good faith sufficient to negate liability; res judicata did not apply as the plaintiffs were not parties to the underlying civil suit; and challenges to alleged speculative damages are premature at the strike out stage.