HIGH COURT MALAYA KUALA LUMPUR
UNI CONSTRUCTION & REALTY SDN BHD – Appellant
Versus
TERSAIM LALL & ORS (ENCL 54) – Respondent
JUDGEMENT
Introduction
[1] The Plaintiff ("P") filed an application vide encl 54 ("Enc 54") for the determination of certain preliminary questions of law. Enc 54 was made under O 14A ("O 14A") and/or O 33 r 2 of the Rules of 2012 ("ROC").
[2] Where applicable, I will refer to the Defendants individually as the 1st Defendant ("D1"), 2nd Defendant ("D2") and 3rd Defendant ("D3"). D1, D2 and D3 are collectively referred to as the "Lalls". The 4th Defendant ("D4") (In Liquidation) is named as a nominal defendant in this suit.
[3] Order 14A enables the Court to "determine any question of law or construction of any document" where it appears to the Court that "such question is suitable for determination without the full trial of the action" and "such determination will finally determine the entire cause or matter or any claim or issue therein". It is designed to expedite the disposal of an action at interlocutory stage in order to save costs and time. (See the Court of Appeal case of Petroleum National Bhd v. Kerajaan Negeri Terengganu & Another Appeal, 2003 MarsdenLR 1685 at 349-351; [2003] 5 AMR 696).
[4] I am satisfied that the questions posed in Enc 54 are questions of
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