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2019 MarsdenLR 1212

HIGH COURT MALAYA SHAH ALAM
KERAJAAN MALAYSIA – Appellant
Versus
PKNS ENGINEERING & CONSTRUCTION BHD – Respondent


Petitioner Advocates:Saravanan Kuppusamy,Fauziah Said Khan ,Respondent Advocate: Aizurra Mirsya Aminudin

Table of Content
1. overview of the breach of contract suit and relevant timelines. (Para 1 , 2 , 3)
2. examination of the preliminary objection related to the affidavit. (Para 5 , 6)

[9] A striking out application under O 18 r 19(1) RC is an interlocutory application within the meaning of O 41 r 5(2) RC [an exception to O 41 r 5(1) RC]. This is clear from the judgment of Abdul Kadir Sulaiman J (as he then was) in the High court case of Datuk Amir Kahar bin Tun Haji Mustapha v. Tun Mohd Said bi Keruak & Ors, [1994] 3 MLJ 737, at 741-742; [1994] 4 CLJ 656, as follows-

"The defendants' application is under O 18 r 19(1)(a), (b) and (d) of the Rules of the High 1980 ('the RHC) and under the inherent jurisdiction of the court. The application is supported by the affidavit of Wong Kian Kheong affirmed on 7 September 1994. The said affidavit merely refers to various affidavits-in-reply of the defendants filed as replies to the plaintiff's main application in the originating summons. Based on those affidavits-in-reply, the deponent verily believes that the originating summons of the plaintiff discloses no reasonable cause of action against all or any of the defendants, and/or is scandalous,

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