Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Summary determination (order 14a)

Legal area

Court

20 Jan 2020

SAFEGUARDS RECORDS MANAGEMENT SDN BHD CROWN WORLDWIDE GROUP SDN BHD

Citation

WA-22NCVC-198-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-198-03/2019 (Mahkamah Tinggi)

The Court held that RHB was not a 'Non-retained Customer' under Clause 3.8 because the RHB contract expired at its natural end and was not terminated; the disputed deductibles were not permissible because Clause 18.12 prohibits set-off or counterclaim except where expressly provided; an Order 14A determination was suitable and would substantially dispose of the matter, therefore judgment was entered for the Plaintiff for the specified sum with interest and costs.
1 Jan 1900

CHENDELADEVAN A/L KUPPUSAMY MAJLIS BANDARAYA PULAU PINANG

Citation

PA-12ANCVC-16-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCVC-16-04/2019 (Mahkamah Tinggi)

The preliminary questions on licence validity did not meet the procedural thresholds of Order 14A or Order 33 to dispose of or substantially dispose of the suit; absence of a valid licence does not negate the appellant's locus standi as owner; Clause 4 of the by-laws does not require physical possession at the exact moment of application to defeat ownership; consequently the Sessions Court's orders declaring the licence invalid and striking out the claim were set aside and the matter remitted for full adjudication.