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2021 MarsdenLR 3576

HIGH COURT MALAYA IPOH
CHAN LAI YOKE & ANOR – Appellant
Versus
ESS ENGINEERING SDN BHD (ENCL 64) – Respondent


Petitioner Advocates:Kenneth Hiew,Daniel Albert,Brian Yee ,Respondent Advocate: Pavendeep Singh

JUDGMENT

Su Tiang Joo JC:

Introduction

[1] Initially, two appeals arising out of the Sessions Court's action, one which allowed the respondent/plaintiff's application for summary judgment ("Appeal No 11") and another which dismissed the Appellants/Defendants' striking out application ("Appeal No 12") were before this Court.

[2] When both appeals came up for hearing on 17 September 2021, the appellants/defendants sought leave to withdraw their Appeal No 12 with the issue of costs to be determined after the disposal of ("Appeal No 11")

[3] After hearing the parties with the aid of their written submissions, I had allowed the appellants/defendants' Appeal No 11 and the [summary] judgment entered against them in the Sessions Court on 26 February 2020 was set aside with costs with Appeal No 12 struck out with no order as to costs. Dissatisfied with the decision made for Appeal No 11, the respondent/plaintiff appealed to the Court of Appeal via Notice of Appeal dated 13 October 2021 (Enclosure 64).

[4] These are the grounds of judgment for Appeal No 11 and the parties shall henceforth be referred to as they were in the Sessions Court.

Nature Of The Plaintiff's Claim

[5] The plaintiff sued for th


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