Allowing R Gunasilan’s appeal, a three-member bench chaired by Nor Bee Arifin said today this is not a plain and obvious case to be struck out.

“It will be a drastic measure and a draconian method to strike out an action summarily and the courts must be wary,” said Nor Bee, who sat with Hadhariah Syed Ismail and Mariana Yahya.

Case management was fixed at the High Court in Shah Alam on Oct 6.

Last year, Gunasilan filed the suit against former company director P Kasi, claiming the RM1.9 million as stated in a mandate and letter of undertaking dated Aug 19, 2010.

This was for a 19,644 sq m land in Petaling Jaya that belonged to Kasi that was sold for RM95 million.

The High Court struck out the suit on grounds that, among others, there existed no contract between Gunasilan and Kasi and Gunasilan was not a registered estate agent or a licensed broker.

Judge Roslan Abu Bakar had ruled that the demand for the introducer fee was a sham and that it violated all written laws.

He said Gunasilan also did not possess locus standi to seek a remedy from the court.