HIGH COURT MALAYA KUALA LUMPUR
BGMC CORPORATION SDN BHD – Appellant
Versus
MRCB BUILDERS SDN BHD & ORS (ENCLS 1 7 19 66 67 68 & 69) – Respondent
JUDGMENT
Introduction
[1] This is an application by MRCB Builders Sdn Bhd ('D1') pursuant to O. 41, r 6 or O 92, r 4 of the Rules of 2012 ('RC 2012') for, among others,:
(a) a declaration that paras 13.5 to 13.7 ('Said Paragraphs) together with the exhibit marked as "BGMC-27" ('Said Exhibit') annexed in the Plaintiff's Affidavit in Reply ('AIR') affirmed by Dato' Teh Kok Lee dated 3 August 2020 (encl 19) are scandalous, irrelevant and otherwise oppressive against D1; and
(b) an order that:
(i) the Said Paragraphs and Said Exhibit be expunged or struck out; and
(ii) the Said Paragraphs are redacted.
[2] After having considered the cause papers and the oral and written submissions of the parties, I had dismissed D1's application. These are my full grounds of judgment for purposes of the appeal which has been filed by D1.
The Cause Papers
[3] The cause papers are as follows:
(a) D1's Notice of Application dated 20 March 2024 (encl 66);
(b) D1 's Affidavit In Support ('AIS') affirmed by its Director, Lok Ngai Hey on 20 March 2024 (encl 67);
(c) the Plaintiff's Affidavit In Reply ('AIR') affirmed by its Director, Dato' Teh Kok Lee on 5 April 2024 (encl 68); and
(d) D1's AIR affirme
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