Obviously Unsustainable - Main Points and Insights
The phrase obviously unsustainable is a legal standard used primarily in summary dismissals of claims or defenses that are plainly and evidently without merit on their face, without requiring detailed examination or evidence. It emphasizes that the claim or defense must be so weak that its failure is clear from the pleadings alone. Several sources highlight that the test is whether the claim or defense appears on the face of the pleadings to be plainly or evidently without the need for further investigation
KENANGA INVESTORS BERHAD vs ZULRAFQ CAPITAL SDN BHD & ANOR - High Court Malaya Kuala Lumpur
,CHANG BOON WEE & ORS vs JOHNNY@RAPAT ARIPALA & ORS - High Court Malaya Sabah & Sarawak Sandakan
,CHANG BOON WEE & ORS vs JOHNNY@RAPAT ARIPALA & ORS - High Court Malaya Sabah & Sarawak Sandakan
,LIMATIC HOLDINGS SDN BHD vs PERBADANAN KEMAJUAN NEGERI SELANGOR (PKNS) - High Court Malaya Shah Alam
,SURIA ACTIVE RESOURCES SDN BHD vs PENANG REGIONAL DEVELOPMENT AUTHORITY (PERDA) & ORS - High Court Malaya Georgetown
,DR NEOH KEAN HUAT vs ONG GIM HUAT - High Court Malaya Georgetown
.Courts exercise this power sparingly, only in clear-cut cases where the unarguability of the claim or defense is obvious. The courts focus on the face of the pleadings, affidavits, or statements, rather than delving into detailed factual or legal analysis
LIMATIC HOLDINGS SDN BHD vs PERBADANAN KEMAJUAN NEGERI SELANGOR (PKNS) - High Court Malaya Shah Alam
,DR NEOH KEAN HUAT vs ONG GIM HUAT - High Court Malaya Georgetown
.The concept is rooted in jurisprudence such as Bandar Builder, which clarifies that obviously unsustainable claims or defenses must be apparent without lengthy and mature consideration
CHANG BOON WEE & ORS vs JOHNNY@RAPAT ARIPALA & ORS - High Court Malaya Sabah & Sarawak Sandakan
,SURIA ACTIVE RESOURCES SDN BHD vs PENANG REGIONAL DEVELOPMENT AUTHORITY (PERDA) & ORS - High Court Malaya Georgetown
.Analysis and Conclusion
The overarching principle is that claims or defenses are only struck out as obviously unsustainable when their lack of merit is clear from the pleadings or initial evidence, and not after detailed factual or legal scrutiny. The threshold is high to prevent premature dismissal of potentially arguable claims. The courts recognize the importance of ensuring that this summary procedure is used only in unarguably bad cases, preserving the rights of parties to have their cases fully heard
KENANGA INVESTORS BERHAD vs ZULRAFQ CAPITAL SDN BHD & ANOR - High Court Malaya Kuala Lumpur
,LIMATIC HOLDINGS SDN BHD vs PERBADANAN KEMAJUAN NEGERI SELANGOR (PKNS) - High Court Malaya Shah Alam
.In summary, obviously unsustainable is a stringent standard applied in summary applications to dismiss claims or defenses that are manifestly without merit on the face of the pleadings, emphasizing the need for clarity and undeniability in such cases.
