We were recently successful in opposing a civil appeal in the Court of Appeal.
At the High Court, we were successful in striking out the Plaintiff’s claim against the Defendants.
On appeal, the Court of Appeal agreed with us that a litigant should not be prevented from using remedies available under the law.
We had heavily relied on Mahadev Shankar J (later JCA)’s decision in Gasing Heights Sdn Bhd v Aloyah Bte Abd Rahman & Ors [1996] 3 MLJ 259, which was quoted approvingly by the Court of Appeal in:
(i) Lim Chee Kuo v The Pacific Bank Berhad [2011] 5 MLJ 230, at paragraph 14(a); and
(ii) Zaina Abidin bin Hamid @ S Maniam & Ors v Kerajaan Malaysia & Ors [2009] 6 MLJ 863, at paragraph 19.
The Court of Appeal was also of the view that it would serve no useful purpose if the suit were to proceed to trial.
Accordingly, the Court of Appeal dismissed the Plaintiff/Appellant’s appeal.