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HIGH COURT MALAYA KUALA LUMPUR
LEADMONT DEVELOPMENT SDN BHD – Appellant
Versus
INFRA SEGI SDN BHD & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. non-disclosure of material facts in judicial management. (Para 1 , 2 , 3) |
| 2. judicial management orders require a showing of full disclosure. (Para 30 , 55 , 81 , 100) |
| 3. court's criteria for granting or denying jmo. (Para 35 , 36) |
| 4. inherent jurisdiction to set aside orders when necessary. (Para 90 , 95) |
| 5. claims of non-disclosure by respondent. (Para 96) |
[1] This is an application by Infra Segi Sdn Bhd, a secured creditor of the Applicant Leadmont Development Sdn Bhd ("Leadmont" or "the Applicant"), to set aside the Judicial Management Order that this Court granted 14 June 2018 ("JMO") on the grounds that the Applicant has failed to make due disclosure of material facts and had suppressed material facts and had acted mala fides. I have allowed the application, not on the grounds relied upon by the Respondent but on a different ground. These are the full reasons for my decision.
Salient Background Facts
[2] The Applicant is the developer of a project known as Selayang StarCity Project which project has stalled as the main contractor which is the Respondent and the nominated sub-contractors have not been paid and have consequently terminated their contracts.
[3] It is
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