1. ) YAN CHOON POH 2. ) BONG MEEI LING v HATTEN PROPERTY MANAGEMENT SDN. BHD.
Catchwords
Civil Procedure — Preliminary issues — Order 33 rr 2 & 5 Rules of Court 2012 — Whether issues suitable for determination as preliminary issues — Requirement that material facts be undisputed — Whether disputed inferences and contested factual characterisation rendered matter unsuitable for disposal without trial — Rules of Court 2012, O 33 rr 2 & 5 Civil Procedure — Preliminary issues — Scope of court’s discretion — Whether preliminary determination would substantially dispose of cause or render trial unnecessary — Whether Sessions Court erred in determining issues of novation and estoppel on affidavit evidence alone — Rules of Court 2012, O 33 r 5 Contract — Novation — Tenancy agreement — Alleged transfer of tenant’s obligations to third party developer by novation agreement — Whether landlords consented to novation — Requirement of consent of all parties — Whether acceptance of rent from third party constituted consent to substitution of obligor — Contracts Act 1950, s 63 Contract — Assignment and novation — Requirement of notice under tenancy agreement — Whether absence of written notice under contractual clause precluded finding of novation — Whether novation established on affidavit evidence alone Estoppel — Approbation and reprobation — Acceptance of benefits — Whether landlords estopped from denying novation by accepting rental payments from third party without protest — Requirement of knowledge, election and unequivocal representation — Whether estoppel issues required trial Company Law — Scheme of arrangement — Effect of sanctioned scheme — Whether scheme company’s release under scheme of arrangement discharged separate contractual liability of non-party tenant — Whether proceedings against non-party constituted collateral attack on scheme — Companies Act 2016, s 366 Civil Procedure — Appeal from subordinate court — Nature of appeal — Re-hearing — Scope of appellate intervention in procedural discretion under Order 33 — Courts of Judicature Act 1964, s 29
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Judgment
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Read on eJudgmentSource: eJudgment (ma-12ancvc-1-01-2026)