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2016 MarsdenLR 475

HIGH COURT MALAYA ALOR SETAR
MERAPOH RESOURCES CORPORATION SDN BHD – Appellant
Versus
LIM AH TOO @ LIM HAN BOON & ANOR – Respondent


Table of Content
1. defendants' application to strike out the plaintiff's writ. (Para 1 , 3 , 4)
2. dispute origins and plaintiff's claims regarding illegal judgment. (Para 5 , 9 , 12 , 14 , 18)
3. court’s reasoning for considering plaintiff's action abusive. (Para 15 , 36)
Choo Kah Sing JC:

Introduction

[1] The defendants filed an application pursuant to O 18 r 19 RoC seeking an order to strike out the plaintiff's writ (hereinafter referred to as 'encl 32').

[2] The plaintiff filed an application pursuant to O 14 r 1 of the Rules of Courts 2012 (RoC) seeking an order to enter summary judgment against the defendants (hereinafter referred to as 'encl 36').

[3] On 11 May 2015, the parties' counsels presented their oral and written submissions before me. On 25 February 2016, I pronounced my decisions. The delay in delivering my decision will be explained in my judgment. In my decisions, I allowed the defendant's striking out application - encl 32; and, consequently, encl 36 was dismissed.

[4] The plaintiff was not satisfied with my decisions and filed a Notice of Appeal to the Court of Appeal on 23 March 2016. The reasons for my decisions are set out as below.

Background Facts

The 2013 Suit

[5] T

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