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2021 MarsdenLR 2108

HIGH COURT MALAYA KUALA LUMPUR
UNI CONSTRUCTION & REALTY SDN BHD – Appellant
Versus
FANG MENG KONG & ANOR – Respondent


Petitioner Advocates:Kelly Khoo ,Respondent Advocate: RS Sodhi

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] The Plaintiff ("P") filed an application vide encl 9 ("Enc 9") for the determination of certain preliminary questions of law. Enc 9 was made under O 14A ("0.14A") and/or O 33 r 2 of the Rules of 2012 (" ROC ").

[2] O 14A enables the Court to "determine any question of law or construction of any document" where it appears to the Court that "such question is suitable for determination without the full trial of the action" and "such determination will finally determine the entire cause or matter or any claim or issue therein" It is designed to expedite the disposal of an action at interlocutory stage in order to save costs and time. (See the Court of Appeal case of Petroleum National Bhd v. Kerajaan Negeri Terengganu & Another Appeal, 2003 MarsdenLR 1685 at pp 349-351).

[3] I am satisfied that the questions posed in Enc 9 are questions of law. The said questions of law are a dominant feature of the instant suit. If decided in favour of P, it would effectively determine the entire action. In my view, this suit can properly be disposed of without viva voce evidence or a full trial.

[4] The 1st Defendant ("D1") agreed to this action being disposed o


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