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2022 MarsdenLR 624

HIGH COURT MALAYA SHAH ALAM
CEKAP ASIA SDN BHD – Appellant
Versus
DATO YAP SENG YEW & ORS – Respondent


Petitioner Advocates:Dinesh Praveen Nair ,Respondent Advocate: Teoh Chye Yi,Cik Ng Sai Yeang

JUDGMENT

Rozi Bainon JC:

Introduction

[1] The Third Defendant (D3) application to strike out the Plaintiff suit is filed on 5 April 2021 (encl 9) pursuant to O 18, r 19 (1)(a), (1)(b), and/or (d) Rules of 2012 [P.U(A) 205/2012] against the Plaintiff and also for the following orders:

(a) that the Writ dated 10 February 2021 and the Statement of Claim dated 9 February 2021 be struck out and set aside;

(b) that costs to be paid forthwith by the Plaintiff to the D3 on a full indemnity basis; and

(c) any other relief which this Court deems fit and appropriate.

The grounds of the application are, inter alia, as follows:

(a) that the Claim discloses no reasonable cause of action, and is scandalous, frivolous and/or vexatious;

(b) that the Claim is an abuse of Court process;

(c) that at all times, the D3 complied with all duties owed to the Plaintiff and did not commit any breach, wrongful act and/or fraudulent breach of trust as alleged by the Plaintiff;

(d) that in any event, the D3 did not cause any loss and/or damage to the Plaintiff;

(e) that the allegations raised are baseless, untrue and/or unsupported by any evidence and which are unsustainable in law and/or in fact; and

(f) such other ground


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