FLUFFY STUDIO SDN BHD v ARIF SEJATI SDN BHD
Catchwords
Contract — Pre-incorporation contract — Letter of confirmation for rent executed before company’s incorporation — Whether contract made on behalf of company — Whether subsequent conduct amounted to ratification — Absence of privity — Whether novation required — Companies Act 2016, s 65(1) and (2) Company Law — Pre-incorporation transactions — Liability of promoter — Ratification by company after incorporation — Effect of draft agreement prepared in company’s name — Promoter and successor principle — Pleading of material facts Civil Procedure — Striking out pleadings — Whether claim disclosed reasonable cause of action — Plain and obvious test — Abuse of process — Whether claim obviously unsustainable — Order 18 r 19(1)(a), (b) & (d) Rules of Court 2012 Practice and Procedure — Pleadings — Material facts — Requirement of proper pleading — Distinction from Dae Hanguru line of cases
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12ancvc-132-07-2024)