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HIGH COURT MALAYA KUALA LUMPUR
CUSTOMER LOYALTY SOLUTIONS SDN BHD – Appellant
Versus
ADVANCE INFORMATION MARKETING BERHAD & ANOR (ENCL 86) – Respondent
| Table of Content |
|---|
| 1. application to strike out suit due to non-compliance with payment order. (Para 1 , 3 , 6 , 7) |
| 2. application for striking out due to non-compliance with cost order. (Para 2) |
| 3. plaintiff's argument against dismissal based on stay of proceedings. (Para 4 , 5 , 9 , 10) |
| 4. arguments presented by both parties regarding the compliance and intent. (Para 8) |
| 5. clarification on validity of applications for dismissal based on prior orders. (Para 12 , 13 , 14 , 15 , 16) |
| 6. consequences of failing to comply with court orders and the implications for future applications. (Para 23 , 24 , 25 , 26) |
[1] This is an application filed by the third defendant in enclosure 86 to strike out the suit instituted by the plaintiff given the failure by the latter to comply with the order for payment of security of cost.
[2] At the conclusion of the hearing, I allowed the application, and stated my reasons for the decision. This judgment contains the full reasons for my decision.
The Application
[3] In order to better appreciate the nature of the request before me, it is apposite that I set out the entirety of the notice of application, the grounds in support included, as filed by the third defendant
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