Malaysia Case Law

17 Feb 2022

FARLIM GROUP (MALAYSIA) BERHAD IMPACT RESOURCES SDN BHD

Citation

PA-11ANCVC-21-07/2021 (Mahkamah Tinggi)

Court

High Court

Case number

PA-11ANCVC-21-07/2021 (Mahkamah Tinggi)

Documentary evidence (appointment letter, invoices, statement of account, payment voucher and absence of contemporaneous dispute) established plainly and obviously that the payment was on account of the first invoice and that the Counterclaim was unsustainable and abusive; therefore striking out under Order 18 Rule 19 was justified.

• Striking out
• Counterclaim
• Summary procedure
• Abuse of process

GALLANT HEIGHTS DEVELOPMENT SDN BHD V. ROGER RAZMAN SMITH ABDULLAH & ORS

Citation

GALLANT HEIGHTS DEVELOPMENT SDN BHD V. ROGER RAZMAN SMITH ABDULLAH & ORS

Court

Malaysian court

The originating summons was dismissed because the defendants were licensees holding over by virtue of an implied licence from the official receiver (who had custody under s.233 Companies Act 1965 and did not object), so O.89 summary proceedings were not the appropriate remedy and the plaintiff should have proceeded by writ.

• Eviction
• Licence holding over
• Summary procedure
• Winding up
• Possession