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HIGH COURT MALAYA GEORGETOWN
ELANG WAH SDN BHD – Appellant
Versus
PERBADANAN PEMBANGUNAN PULAU PINANG – Respondent
| Table of Content |
|---|
| 1. summary judgment application and counterclaim. (Para 1 , 2 , 5) |
| 2. defendant's resistance and arguments. (Para 3 , 4 , 6) |
| 3. chronology of relevant facts and filings. (Para 7 , 8 , 9 , 10 , 11) |
| 4. appeal process and applicable rules. (Para 12 , 14 , 15 , 16) |
| 5. criteria for entering summary judgment. (Para 18 , 19 , 20) |
| 6. defendant's burden to show triable issues. (Para 21 , 22 , 24 , 25) |
| 7. binding nature of signed contracts. (Para 35 , 36 , 37) |
| 8. principles for striking out pleadings. (Para 40 , 41) |
| 9. defendant's counterarguments on contract validity. (Para 42 , 43 , 44) |
| 10. illegality of contract considerations. (Para 59 , 60 , 62) |
| 11. final judgment and order. (Para 66 , 68 , 69) |
(Dismissing Appeal Against Summary Judgment And Striking Out The Counterclaim)
Prelusion
[1] The Plaintiff (P) sued the Defendant (D) for unpaid rent under a Tenancy Agreement between them. D filed a Defence And Counterclaim, which was later amended. The Amended Counterclaim sought the return of the moneys paid by D to P, including the rent that was paid earlier, the cost of repairing the air conditioner, and the performance bond.
[2] P applied for summary judgment against D
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