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2019 MarsdenLR 900

HIGH COURT SABAH & SARAWAK TAWAU
MY COVE SDN BHD – Appellant
Versus
EL NUTRITION SDN BHD & ORS (ENCL 3) – Respondent


Petitioner Advocates:Chung Jiun Dau ,Respondent Advocate: Datuk Kong Hong Ming

Table of Content
1. application for summary judgment by plaintiff. (Para 1 , 3)

[1] This is the Plaintiff's Notice of Application dated 22 April 2019 (Encl 3) to enter summary judgment against the 1st, 2nd and 3rd Defendants under O 14 r 1 of the Rules of 2012 ("ROC"). The 2nd and 3rd Defendants, despite having been served with the Writ of Summons, did not enter appearance nor did they file defence against the Plaintiff's action.

[2] The affidavits filed by both the Plaintiff and the 1st Defendant for this application are:

(i) The Plaintiff's affidavit in support of Wong Wah Weng affirmed on 17 April 2019 (Encl 4)

(ii) The 1st Defendant's affidavit in opposition of Mohd Amir Sharil Bahari Bin Md Noor affirmed on 21 May 2019 (Encl 7)

(iii) The Plaintiff's affidavit in reply of Wong Wah Weng affirmed on 28 June 2019 (Encl 8)

(iv) The Plaintiff's supplementary affidavit of Wong Wah Weng affirmed on 24 July 2019 (Encl 12)

(v) The Plaintiff's second supplementary affidavit of Wong Wah Weng affirmed on 26 July 2019 (Encl 13)

(vi) The 1st Defendant's affidavit in reply of Mohd Amir Sharil Bahari Bin Md Noor affirmed on 9 August 2019 (Encl 17)

The Facts Leading To The Application

[3] As per the Plai

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