9 Jan 2026
BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG 1. ) AMPANG PROPERTY SDN. BHD. 2. ) N JAYA SDN. BHD.
- Citation
- WA-24NCvC-4892-12/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCvC-4892-12/2024 (Mahkamah Tinggi)
The court found no substantial disputes of fact on the plaintiff's statutory claim under s15 Act 757 that could not be resolved on affidavit evidence; the second defendant failed to substantiate alleged transit losses or justify non-disclosure by PDPA; conversion to a writ was therefore unnecessary and disproportionate; the appropriate procedural remedy was to strike out the counterclaim sua sponte with liberty to file a fresh writ so the plaintiff's originating summons may proceed unimpeded.