ROCK WORLD BINA SDN. BHD. v VIJAYA GANESH @ GOGILABALAN A/L B.RAGUPATHY
Catchwords
1. There are two diametrically opposing applications before this Court. In Enclosure 10, the Plaintiff applies for summary judgment pursuant to Order 81 of the Rules of Court 2012. Conversely, in Enclosure 31, the Defendant seeks to strike out the Plaintiff’s pleadings pursuant to Order 18 rule 19(1)(a), (b), and/or (d) of the same Rules. 2. The Plaintiff’s cause of action is premised on the assertion that the Defendant had failed and/or refused to respond to or execute the Sale and Purchase Agreement (“SPA”) as required under the terms of the Agreement, including within the Extended Period of 14 working days. As a result, the Plaintiff seeks specific performance of the said SPA. In the alternative, the Plaintiff seeks forfeiture of the earnest deposit, together with liquidated ascertained damages and other consequential reliefs. The Pertinent Issues 3. The central issues before this Court are: 1. Whether the Plaintiff has satisfied the legal threshold for the granting of summary judgment; and 2. Whether the Defendant has met the legal threshold for the striking out of the Plaintiff’s pleadings.
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Judgment
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