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2021 MarsdenLR 3142

HIGH COURT MALAYA SHAH ALAM
ALUPANORAMA METALS SDN BHD & ANOR – Appellant
Versus
OKAYA INTERNATIONAL (H.K.) LTD & ANOR) – Respondent


Petitioner Advocates:V Premshangar ,Respondent Advocate: CS Mong,Amelia Loh Pui Yan

JUDGMENT

Faizah Jamaludin J:

(Enclosure 17)

A. Introduction

[1] The Plaintiffs are Malaysian incorporated companies, carrying on the business in Malaysia of purchasing, fabricating and selling metal products, in particular aluminium products. The second Plaintiff ("P2") is a subsidiary of the first Plaintiff ("P1").

[2] The first Defendant ("D1") is a company incorporated in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and carries on business in Hong Kong. The second Defendant ("D2") is a state-owned enterprise of the People's Republic of China ("PRC") and carries on business in the PRC.

[3] In September 2019, the Plaintiffs filed a writ and statement of claim against both D1 and D2 seeking declaratory reliefs for alleged breach of contract, fraud and unjust enrichment; full indemnity for the minimum sum of USD22,487,003.30 against potential claims against the Plaintiffs' by its customers arising out of the Defendants' breach of contract and fraudulent actions in the sale and supply of aluminium products; and judgment in the sum of USD206,211.81 together with interest for loss and damages suffered by the Plaintiffs.

[4] The Plaintiffs also ap


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