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2025 MarsdenLR 551

HIGH COURT MALAYA PENANG
TYE WAN OON & ANOR – Appellant
Versus
LOH BAN HOCK & ORS (ENCLS 7 & 9) – Respondent


Petitioner Advocates:Ooi Zie Yiong ,Respondent Advocate: Shaaleni Ravendran,K. Kumarathiraviam

JUDGMENT

Quay Chew Soon J:

Introduction

[1] The Plaintiffs filed a notice of application dated 23 August 2024 vide Enclosure 7 for an interim preservation order to preserve the status quo of the subject land pending the disposal of this suit. Enclosure 7 is made under s 25(2) of the Courts of Judicature Act 1964 and O 29 r 2 of the Rules of 2012.

[2] The 2nd and 3th Defendants (collectively the "relevant Defendants") in turn filed a notice of application dated 3 September 2024 vide Enclosure 9 to strike out the Plaintiffs' suit against them. Enclosure 9 is made under O 18 r 19 (1) (a), (b), (c) or (d) of the Rules of 2012.

[3] The 1st Defendant ("D1") did not enter an appearance in this suit.

[4] On 2 December 2024,1 allowed encl 9 and struck out the Plaintiffs' suit against the relevant Defendants. Consequently, I dismissed the Plaintiffs' application for an interim preservation order vide encl 7. Here are the grounds of my decision.

Consent Judgment

[5] This suit is commenced by the Plaintiffs to set aside a consent judgment that was entered into on 28 September 2022 ("consent judgment"). The consent judgment was recorded in another suit, namely Penang High Court Civil Suit No: PA -


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