Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Striking out / summary dismissal

Legal area

Court

7 Jan 2025

Alliance For Financial Inclusion Nazira Binti Nasir

Citation

WA-16A-20-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-16A-20-01/2024 (Mahkamah Tinggi)

The High Court affirmed the Industrial Court chairman's decision refusing summary striking out because the plea of immunity raises triable issues and factual and legal questions that require full ventilation; immunity under Act 485 and the Host Country Agreement could not be determined summarily and may not extend to employment disputes; appeal dismissed and costs awarded.
10 Nov 2021

1. ) NG WUOI UOI 2. ) ENAPAK MARKETING SDN. BHD. (No. Syarikat: 1236087-A) 1. ) YEOH SENG ZHI (No. K/P: 880217-35-5119) 2. ) SARAH LUI LIAN WAH 3. ) SECK WEI WEN (No. K/P: 890902-14-6306) 4. ) QADIRA & QUESTA CONSULTING PLT (No. Syarikat: L

Citation

PA-22NCVC-143-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-143-08/2020 (Mahkamah Tinggi)

The application to strike out (Lampiran 7) was dismissed because the alleged illegality of the 15.1.2019 agreement and the true nature of the consultancy agreement were contested factual matters, including dispute over loan quantum, which could not be resolved on the pleadings alone; therefore the counterclaims were not plainly and obviously unsustainable and required trial.