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2025 MarsdenLR 1318

HIGH COURT MALAYA KUALA LUMPUR
Q & M DENTAL GROUP (MALAYSIA) SDN BHD – Appellant
Versus
TYE CHEE WAH & ORS – Respondent


Petitioner Advocates:SM Shanmugam,Hooi Chung Wai,Hafiiz Rashid (PDK) ,Respondent Advocate: Michael Chow,Goh Keng Tat,Elisa Oyenz Jeson

JUDGMENT

Ong Chee Kwan J:

Introduction

[1] On 14 October 2021, the Plaintiff, Q & M Dental Group (Malaysia) Sdn Bhd ("Q&M"), referred their disputes with the Defendants for arbitration ("Arbitration") to the Singapore International Arbitration Centre ("SIAC") and a final award was made by the Arbitrator in favour of Q&M on 21 June 2024 ("Final Award").

[2] Enclosure 1 is the Originating Summons (ex-parte) filed by the Plaintiff for the recognition and enforcement of the Final Award ("OS") which Court allowed on 27 August 2024 ordering that the Final Award be recognised as binding and a judgment be entered in terms of the Final Award ("Ex-Parte Order").

[3] Enclosure 10 is the Notice of Application filed by the 1st, 2nd and 4th Defendants to set aside the Ex-Parte Order ("Setting Aside Application") on the grounds that the Final Award is said to be in conflict with the public policy of Malaysia and was not enforceable as at the date of the Ex-Parte Order.

[4] After hearing oral submissions from counsel, I dismissed the Setting Aside Application with costs on 11 December 2024.

Background Facts

[5] Prior to 11 March 2013, 1st, 2nd and the 3rd Defendants owned the subject company known as AR D

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