23 Jul 2025
1. ) VITAL LIVING EMPIRE SDN BHD 2. ) SASHITHERAN A/L KANAGASABAPATHI 3. ) VIGNESWARAN A/L AH WALI ELEGANT GROUP SDN BHD
- Citation
- WA-12ANCvC-16-02/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-16-02/2025 (Mahkamah Tinggi)
The High Court held the Sessions Court was plainly wrong to order summary judgment because the Plaintiffs had pleaded fraud/misrepresentation and contested formation of a Second Contract (LGI) which raised genuine triable issues that could not be resolved summarily, and therefore the counterclaim required full trial; failure to file an opposing affidavit did not negate the sufficiency of the pleadings to raise triable issues.