HIGH COURT MALAYA KUALA LUMPUR
IOUPAY LIMITED & ORS – Appellant
Versus
KUAN CHOON HSUING & ORS – Respondent
JUDGMENT
[1] Before the court is an application to strike out certain paragraphs from the Plaintiffs' Reply to Defence, which contain extensive allegations regarding purported fraudulent transactions not mentioned in the Amended Statement of Claim. The key issue is whether these paragraphs improperly expand the scope of the original pleading and should be struck out under O 18 r 19(1) of the Rules of 2012 for being scandalous, frivolous or vexatious, likely to prejudice or delay fair trial, and/or an abuse of process. The application arises in the context of a wider commercial dispute where the Plaintiffs allege breach of duties and fraudulent conduct by former directors and officers of their companies, with the impugned paragraphs introducing detailed particulars of additional transactions that the applicant contends should have been pleaded in the Statement of Claim if they were to be relied upon.
Background Facts
[2] The Plaintiff, IOUPay Limited (now known as Ovanti Ltd), is a public company listed on the Australian Securities Exchange. It has several subsidiaries including the 2nd Plaintiff, iSentric Sdn Bhd, IOU Pay (Asia) Sdn Bhd (now known as Ovan
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