JUDGMENT

Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This is an application by a third party litigant to set aside a third party notice under O 16 r 6 of the Rules of 2012. At the conclusion of the hearing, which was conducted by way of remote communication technology via zoom, I allowed the application and highlighted the main grounds for the same. This judgment contains the full reasons for the decision.

Key Background Facts

[2] The plaintiff company is involved in the business of managing co-working space, shared office, event spaces, meeting rooms and cafe services in various locations throughout Klang Valley. The plaintiff sub-lease such spaces to various sub-tenants. The defendant is the owner of a property known as Menara Ken TTDI in Kuala Lumpur. The first third party is the holding company of the plaintiff company and the second and third parties are the promoters and first directors of the first third party. They are also directors of the plaintiff company.

[3] By virtue of a Tenancy Agreement dated 15 September 2019 ("the Tenancy Agreement") entered into between the defendant as the landlord and the plaintiff as the tenant, the defendant agreed to let the whole of Level 11 o