Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Striking out under order 18 r 19(1)

Legal area

Court

3 Nov 2023

DATO' HAJI MOHD SABRI BIN MOHD NADZIR PERBADANAN NASIONAL BERHAD

Citation

WA-22NCC-439-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-439-06/2023 (Mahkamah Tinggi)

The consent judgment was valid and perfected and could not be set aside absent a demonstrated breach of natural justice or nullity; the plaintiff's fraud allegations were implausible, raised after years of acquiescence and subsequent settlement negotiations, and therefore constituted an afterthought; accordingly the claim was plainly unsustainable and properly struck out under Order 18 r 19(1).
28 Nov 2019

Christopher Grant (Passport No: 465551165) 1. Teh Beng Leong (NRIC No: 700802-07-5299) 2. Pang Shiau Wooi (NRIC No: 780507-02-5398)

Citation

PA-12ANCC-8-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCC-8-05/2019 (Mahkamah Tinggi)

The appeal was dismissed because the amended statement of claim contained sufficient averments (alter-ego control, misrepresentation, particulars of payment and disparity in work value, unjust enrichment and conduct on termination) to raise triable issues on piercing the corporate veil and the negligence claim against the director in his personal capacity was properly pleaded; striking out was inappropriate as the claim was not plainly unsustainable and the matters must be resolved at trial.