19 Jan 2022
Lim Boon Swan Ong Ting Hua
- Citation
- AB-24NCvC-41-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-24NCvC-41-06/2020 (Mahkamah Tinggi)
The application to strike out was dismissed because the affidavits and circumstances disclosed genuine disputes of fact about the terms and validity of the consent judgment that require viva voce evidence at trial; conversion to a writ was appropriate and the claim is not manifestly unsustainable under O18 r19 ROC, with burden on plaintiff to prove on a balance of probabilities that the consent judgment is voidable.