OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD
Catchwords
Civil Procedure — Appeal — Appeal against summary judgment — Appeal against striking out of counterclaim — Applicable appellate standard — Whether re-hearing or review of discretion — Whether genuine triable issue raised — Distinction between limbs under O 18 r 19(1) Rules of Court 2012 — Sub-paragraph (a) confined to defects on the face of pleadings — Prohibition on affidavit evidence under O 18 r 19(2) for sub-paragraph (a) — Scope of sub-paragraphs (b), (c) and (d) — Whether counterclaim for fraud and misrepresentation properly struck out under sub-paragraphs (b), (c) and (d) — Lack of material particulars — Whether counterclaim obviously unsustainable — Rules of Court 2012, O.14 r.1 & r.3, & O.8 r.19. Contract — Guarantee — Guarantee Service Provider scheme under Kafalah contract — Concurrent rights of bank against customer and guarantee service provider — Corporate Guarantee’s right of subrogation and right of recourse — Whether bank entitled to recover from either or both — Whether defendant ultimately liable — Contracts Act 1950, s.77, s.78, s.79, & s.81.
Practice Areas
Judges (1)
Case Significance
OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD is a High Court (Mahkamah Tinggi) decision dated May 21, 2025 (citation: wa-12am-3-01-2025). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD?
OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD is a High Court decision dated May 21, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.