GOLDEN CENTURY SYNERGIES SDN BHD v 1. ) DATIN SRI DATO’ HAJJAH MIMI ASMARA BINTI ABDUL MALIK 2. ) NURUL IZZAH BINTI OMAR 3. ) AHMAD NIZAM BIN RAMLY
ca-22ncvc-15-04-2024 High Court (Mahkamah Tinggi) 17 December 2025 • CA-22NCvC-15-04/2024 • 1 min read
Catchwords
Civil procedure — Striking out — Order 18 r.19(1)(a),(b),(c),(d) Rules of Court 2012 — Whether claim plainly and obviously unsustainable — applicable principle in Bandar Builders — Summary process to be exercised sparingly — Expiry of mining lease upon death of holder — Alleged mistake of law and frustration — Whether agreement void — Mixed questions of fact and law requiring full trial Civil procedure — whether dismissal of striking out action appealable — s. 68(1)(f) to read together with ss.67 and 3 Courts of Judicature Act 1964 — Principles in MT Ventures Sdn Bhd & Anor — Appeals filed by the 1st and 2nd defendants against this Court’s dismissals of their striking out application fall within the permissible appeals as set out in MT Ventures. Practice and procedure — Locus standi — Plaintiff’s capacity to sue — Interpretation of contractual recitals and alleged state approval — Not suitable for determination on affidavit evidence
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Judgment
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