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2018 MarsdenLR 2791

HIGH COURT MALAYA IPOH
BLUE OCEAN BIOTECH SDN BHD – Appellant
Versus
PENGARAH TANAH DAN DAERAH GALIAN NEGERI PERAK & ORS – Respondent


Petitioner Advocates:Zulkifli Zabidin ,Respondent Advocate: Teoh Chin Chong

Table of Content
1. (Para 1 , 5)
2. court may strike out claims without reasonable cause. (Para 6)
3. defendants' submission focused on procedural grounds. (Para 12 , 18 , 22)

[1] This as an application under O 18 r 19 Rules of 2012 (ROC) by the first and second defendants (collectively known as "the defendants") to strike out the plaintiff's Writ and Statement of Claim. The third defendant was not a party to this application.

Brief Facts

[2] The State Authority (SA) had agreed to issue a Temporary Occupation Licence ("TOL") under s 65(1)(a) of the National Land Code 1965 ("NLC") to the plaintiff for purpose of agriculture namely fish farming (Ternakan Ikan) in an area of 12.140 hectares at Wilayah Pasir Panjang Mukim Pengkalan Bharu Daerah Manjung (the said land) The plaintiff had been informed of this by the first defendant by way of a letter dated 13 April 2010 (the said letter). The said letter also contained the provisions as regards to the granting of the TOL to the plaintiff. The said letter was exhibited in the plaintiff's affidavit in reply to this application dated 8 August 2017.

[3] It was not in dispute that the plaintiff had unconditionally accepted the provisions concern

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