VISTA SUMMEROSE SDN BHD v DATUK BANDAR KUALA LUMPUR
wa-22ncvc-657-09-2021 High Court (Mahkamah Tinggi) 24 October 2024 • WA-22NCvC-657-09/2021 • 16 min read
3 cases cited
(0 SG, 3 foreign)
Catchwords
1. One of the main issue in this case is whether the agreements between the Plaintiff and the Defendant lawful. In this case the Court deemed it necessary to apply Order 33 of the Rules of Court 2012(“the Rules”) to determine this issue thereby saving the Court’s time in assessing the losses claimed by the Plaintiff in the event the agreements are found to be unlawful. 2. By virtue of Order 33 of the Rules the Court directed the Plaintiff and the Defendant to submit on the issue whether the Main Contract and the Additional Contract between the Plaintiff and the Defendant was lawful or otherwise. If the agreements were found to be lawful the Court would then proceed to assess the losses suffered by the Plaintiff as claimed. 3. Order 33(2) of the Rules provides that: 2. Time of trial of questions or issues (O. 33 r. 2) The Court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated. Conclusion 34. Based on the factors above the Court found that the contract between the Plaintiff and the Defendant is a valid and enforceable contract and the case to be proceeded for the assessment of the losses suffered by the Plaintiff on proof of any breach by the Defendant under the contract.
Judges (1)
Counsel (6)
Statutes Cited
Companies Act 2016 (Cap 777)
Contracts Act 1950 (Cap 136)
Penal Code (Cap 574)
Road Transport Act 1987 (Cap 333)
Cases Cited (3)
MY (3)
[2012] 1 MLJ 761 [2012] 2 CLJ 16 [2019] 4 MLJ 141
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-657-09-2021)