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HIGH COURT MALAYA KUALA LUMPUR
LEE QUAN YOONG & ANOR – Appellant
Versus
KOH HENG JIN HOLDINGS SDN BHD & ORS (ENCL 252) – Respondent
| Table of Content |
|---|
| 1. court's final decision on the applications. (Para 2) |
| 2. chronology of events and parties involved. (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 3. arguments regarding locus standi. (Para 10 , 20 , 21) |
| 4. legal definition of membership and standing. (Para 11 , 12 , 14 , 15 , 16 , 18 , 19) |
| 5. res judicata argument evaluation. (Para 23 , 24 , 26) |
| 6. criteria for striking out claims. (Para 27 , 28 , 29) |
A. Introduction
[1] The 1st to 3rd defendants filed separate applications (in encl 306 for the 1st defendant, and enclosure 252 for the 2nd and 3rd defendants) to strike out the 1st plaintiff's claim against them. I shall refer to the applications collectively as the "Striking Out Applications".
[2] After considering the evidence before the court and counsel's submissions, I allowed the Striking Applications and provided brief grounds for my decision. These are the full grounds of the decision.
B. Background Facts
[3] This action has gone through a series of changes, both in terms of the modes of proceedings and the parties involved in these proceedings. Thus, to ensure a full understanding, I will set out a complete chronology of this action.
[4] On 27 August 2020, Koh Peng
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