What Is 'Obviously Unsustainable' in Court Cases?

High Court Malaya Kuala Lumpur

It cannot be said that ZCSB and TSZ's claim against Ismitz is obviously unsustainable at this juncture. There are serious questions to be tried. ... [25] ZCSB and TSZ argue that their Counterclaim discloses a reasonable cause of action which is far from obviously unsustainable. ... The issues in the counterclaim therefore can no longer be said to have been finally adjudicated upon to render it obviously ....

High Court Malaya Sabah & Sarawak Sandakan

the Supreme Court in Bandar Builder(supra) is that the claim on the face of it must be 'obviously unsustainable'. ... [Emphasis Added] [10] The main issue which this Court had to consider was whether the 2nd and 3rd Defendants' defences are obviously unsustainable. ... Conclusion [27] Based on the matters aforesaid, it is plain and obvious to this Court that the 2nd and 3rd Defendants' defences are obviously#HL....

High Court Malaya Sabah & Sarawak Sandakan

[2018] AMR 529 , the Federal Court (per Ramly Ali FCJ) explained what is meant is by "obviously unsustainable" in the following manner:- [19] The basic test for striking out as laid down by the Supreme Court in Bandar Builder

High Court Malaya Kuala Lumpur

On this ground alone, the plaintiff's claim - allegedly as an employee of the defendant - is obviously unsustainable. ... [15] Since this court has decided that the plaintiff's claim is obviously unsustainable, I shall delve straight into my analysis of the facts and law. ... However, once a defendant has filed a striking-out application and adduced evidence in his affidavit to prove that the plaintiff's claim is #HL_STAR....

High Court Malaya Shah Alam

The root word here is not 'unsustainable' but rather 'obviously' which denotes that on the face of it, the claim must be plainly or evidently unsustainable in law. ... The Court will always strike out a claim in plain and obvious cases and where the claim in obviously unsustainable. The power to strike out must be exercised by the Court sparingly. ... [20] In light of the aforesaid, I am of considered vi....

(ii)that this summary procedure can only be adopted when it can be clearly seen that a claim or answer is on the face of it obviously unsustainable; (iii)that it cannot be exercised by a minute examination ... United Malayan Banking Corporation Bhd (i)that it is only in plain and obviously unsustainable cases that recourse should be had to the summary process under O. 18 r. 19(1) of the RHC/Rules of Court In LIFOMAX WOOD....

High Court Malaya Georgetown

It is applicable only in a plain and obvious case or where a claim is, on the face of it, obviously unsustainable (see: Bandar Builder Sdn Bhd & Ors v. ... [19] The basic test for striking out as laid down by the Supreme Court in Bandar Builder is that the claim on the face of it must be 'obviously unsustainable'. ... The stress is not only on the word 'unsustainable' but also on the word 'obvi....

High Court Malaya Georgetown

[19] The basic test for striking out as laid down by the Supreme Court in Bandar Builder is that the claim on the face of it must be 'obviously unsustainable'. ... On the face of the pleadings against the third defendant, the plaintiffs' claim is not obviously unsustainable. P's Pleaded Facts [6] P pleads the following facts in his SOC. ... The stress is not only on the word 'unsustainable' but also on t....

High Court Malaya Penang

I find this defence obviously unsustainable. ... I find this defence obviously unsustainable as well. ... I find this defence obviously unsustainable. Appellate Intervention [38] This Appeal is an interlocutory appeal. ... I also find that the Defendant's Defence is wholly unarguable and therefore obviously unsustainable. I further find that the Defend....

High Court Malaya Kuala Lumpur

of action is obviously unsustainable - (see New Straits Times (M) Bhd v. ... unsustainable. ... Sepakat Insurance Brokers Sdn Bhd, [2013] 5 MLJ 1 (Federal Court) pages 698-699, it was held that recourse to this summary process can only be adopted when it can clearly be seen that the claim is on the face of it is "obviously unsustainable". ... It should only be adopted when it is conspicuously clear that ....

2018 0 Supreme(P&H) 2922

Though the tactual matrix is not adverted to in detail in the judgment extracted above it is evident that the Supreme Court was considering the question whether more than one month’s imprisonment can be imposed on the defaulter if the breach to pay maintenance for one month continues for more months than one. This contention is obviously unacceptable and unsustainable. The mere fact that the destitute has not chosen to complain every month and has chosen to complain of the br....

2016 0 Supreme(P&H) 375

This contention is obviously unacceptable and unsustainable. The Supreme Court was obviously not considering the question whether more than one months imprisonment can be awarded for breach of the direction to pay maintenance committed in respect of more months than one. Though the factual matrix is not adverted to in detail in the judgment extracted above it is evident that the Supreme Court was considering the question whether more than one month's imprisonment can be impos....

2015 0 Supreme(Kar) 1010

Thus, obviously, the impugned letter is legally unsustainable. 6. Mr. N.K. Ramesh, the learned Counsel for the respondents-B.B.M.P., has frankly conceded, and in view of the rightly so, that no prior notice has been issued.

2013 0 Supreme(Ker) 654

This contention is obviously unacceptable and unsustainable. Though the factual matrix is not adverted to in detail in the judgment extracted above it is evident that the Supreme Court was considering the question whether more than one month imprisonment can be imposed on the defaulter if the breach to pay maintenance for one month continues for more months than one. The mere fact that the destitute has not chosen to complain every month and has chosen to complain of the brea....

2013 0 Supreme(Ker) 655

The mere fact that the destitute has not chosen to complain every month and has chosen to complain of the breach in respect of plurality of months in one petition within a period of 12 months cannot at all deliver to the defaulter any undeserved advantage. This contention is obviously unacceptable and unsustainable. The Supreme Court was obviously not considering the question whether more than one month imprisonment can be awarded for breach of the direction to pay maintenanc....