Mohd Radzi Abdul JC:

Introduction

[1] On 7 February 2020 this Court made two rulings. The first ruling was allowing the Plaintiff's application in encl 58 to amend its Statement of Claim. The second ruling was to disallow the Defendant's preliminary objection for the Plaintiff to proceed with its suit against the Defendant for want of locus standi (1st preliminary objection). The Defendant had placed another objection against the Plaintiff's encl 58 on the ground that the requisite leave under s 471 of the Companies Act had not been obtained (2nd preliminary objection). This Court had dismissed the 2nd preliminary objection on 25 November 2019 and the learned counsels for both parties had been informed on my reasons for that ruling on that same day.

[2] This is an appeal by the Defendant against the entire decision of this Court on 7 February 2020. As such the grounds below would not deal with the Defendant's 2nd preliminary objection.

Brief Facts

[3] Before this Court embark on the grounds for its decision, it would be prudent to state brief background facts relating to the suit as below:

(i) The Defendant is a non-profit agency established by the Perak State Government to devel