HIGH COURT MALAYA SHAH ALAM
HO KAM CHOY – Appellant
Versus
CHUNG CHIN HIONG – Respondent
JUDGMENT
Introduction
[1] Is this the case of a benevolent uncle? It might appear so if the Plaintiff's narrative is accepted. However, according to the Defendant, the reality is quite different.
[2] This case involves the Plaintiff suing the Defendant for the return of monies which, according to the Plaintiff, were advanced as a friendly loan. The Plaintiff is the Defendant's uncle, but the Defendant disputes the claim, asserting instead that the monies received were utilized for share transactions carried out on the Plaintiff's instructions. Notably, the Plaintiff has initiated similar claims against the Defendant's wife and mother.
[3] Additionally, the Plaintiff has filed a separate action against the same Defendant, alleging that another loan was given to fund the Defendant's venture into a cafe business.
[4] Initially, two interlocutory applications were before this Court : Enclosures 12 and 33.
[5] Enclosure 33, an application for discovery filed by the Plaintiff, has since been withdrawn.
[6] What remains for determination is encl 12, the Defendant's application to strike out the Plaintiff's action pursuant to O 18 r 19(1)(a), (b), (c), and/or (d) of the Rules
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