HIGH COURT MALAYA KUALA LUMPUR
AGESON BERHAD – Appellant
Versus
DATO FOO CHU JONG & ORS – Respondent
JUDGMENT
Introduction
[1] The 1st, 2nd, 3rd and 5th Defendant applied to strike out the Writ and Statement of Claim pursuant to O 18 r 19(1) (a), (b) and/or (d) and/or O 92 r 4 of the Rules of 2012 as documented in encl 33, 35 and 37 respectively. This Court allowed the applications and struck out the Plaintiff's claim with costs.
[2] This is the Grounds of Judgment of this Court.
Background Facts
[3] Prinsiptek (M) Sdn Bhd ("PMSB") is a wholly owned subsidiary of the Plaintiff. The 1st and 2nd Defendants were the former directors of PMSB until the date of their resignation on 5 September 2019.
[4] In 2016, PMSB secured a construction contract from Qaiser Harta PMC Sdn Bhd on a fixed and lump sum contract of RM314,856,950 ("Letter of Award") in respect of the project known as "Proposed Construction of 1 Block of 44 Storey Apartments (1,068 units) including 8 Storey Podium Parking and Resident Facilities on Lot 30195 (formerly Lot: 1132), Jalan Dato Senu 3, Mukim of Setapak, Federal Territory, Kuala Lumpur for Messrs. SPNB Aspirasi Sdn Bhd" ("Project").
[5] PMSB engaged several consultants, subcontractors and suppliers to complete the Project to perform and ca
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