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Cases

SIM KOOI CHUAN & ORS v. NELSON SIM PING HUN
High Court Malaya, Penang
Azizan Md Arshad JC
[Civil Suit No: PA-22NCVC-147-06-2019]
8 August 2023
[2023] 6 MLRH 549

JUDGMENT

Azizan Md Arshad JC:

Introduction

[1] This is an application (encl 185) by the Respondent (Defendant) under O 14A of the Rules of Court 2012 ("ROC 2012") for the determination of the question of law and/or facts without having to go through a full trial. In this case, the Defendant has raised an issue related to the Jurisdiction of this Court to hear this case because it involves O 72 Rules of Court 2012 which is mandatory to be followed, to give jurisdiction to this Court.

[2] The Plaintiffs have raised the issue of estoppel as a reason for objecting to the Defendant's application. Since this issue is the main issue, other applications (Enclosures 92, 115 and 188) depend on this issue. The Defendant's application has been allowed with a cost of RM5,000.00 subject to the allocator fee on 18 July 2023. The Plaintiff has appealed against this decision. The parties are referred to as they were in the High Court.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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