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HIGH COURT MALAYA KUALA LUMPUR
SOTELLA FUND PTE LTD – Appellant
Versus
BAMBOO QUEST SDN BHD & ANOR & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. factual basis of the claims and applications. (Para 1 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the stay application. (Para 2 , 8 , 9) |
| 3. court's reasoning on stay and equitable principles. (Para 3 , 10 , 11 , 12 , 13 , 14 , 18) |
| 4. ratio for denying the stay application. (Para 15 , 16 , 17) |
| 5. final ruling and costs awarded. (Para 19) |
[1] The Court is seized of this matter concerning the Defendants' application for a stay of proceedings, filed via encl 138, supported by an affidavit in support (Enclosure 139). The Plaintiff opposes this application, it had filed its notice of intention to refer to its previous affidavits - Enclosures 11 and 12 (which the Plaintiff filed to oppose the Defendants' application for a stay of proceedings encl 6), encls 13 and 14 (which the Plaintiff filed to opposed the Defendants' application to strike out this suit and a stay of proceedings encl 8), encls 71 and 72 (the Plaintiffs affidavits in relations to the Defendants' application to amend their Defence encl 69), and encl 77 (which was filed by the Plaintiff in support of its application to amend its claim encl 68). There are more affidavits for this stay application
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