16 Jan 2024
GOLD COIN FEEDMILLS (MALAYSIA) SDN BHD 1. ) TEOH CHOON LENG 2. ) GOH POH SIEW
- Citation
- AB-22NCC-5-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-22NCC-5-08/2023 (Mahkamah Tinggi)
The application under O.33 rr.2 and 5 was dismissed because there are multiple triable issues of fact requiring extrinsic evidence, prior summary and strike-out applications on the same issues had been dismissed (invoking res judicata considerations), and the plaintiff failed to show the proposed preliminary questions would finally dispose of the counterclaims or the suit; O.33 was therefore inappropriate to strike out defences or resolve the dispute on affidavits alone.