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2021 MarsdenLR 138

HIGH COURT MALAYA KUALA LUMPUR
UNI CONSTRUCTION & REALTY SDN BHD – Appellant
Versus
TERSAIM LALL & ORS (ENCL 8) – Respondent


Petitioner Advocates:Kelly Khoo ,Respondent Advocate: Ranjit Kaur

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] The 1st to 3rd Defendants ("Defendants") filed an application vide Enclosure 8 ("Encl 8") to strike out the Plaintiff's (P") Statement of Claim ("SOC"). Encl 8 was made under O 18 r 19(1)(a), (b), (c) and/or (d) of the Rules of 2012 ("ROC") and under the inherent jurisdiction of the Court. I dismissed Encl 8. These are the grounds of my decision.

[2] Where applicable, I will refer to the Defendants individually as the 1st Defendant (D"), 2nd Defendant ("D2") and 3rd Defendant ("D3"). The 4th Defendant ("D4") (In Liquidation) is named as a nominal defendant in this suit.

Background

[3] In November 2012, D1 purchased a three storey shop office measuring approximately 11,851.07 square feet, held under title HS(D) No 111032, PT No 32942, Pekan Baru Subang, Daerah Petaling, Selangor ("Property") from a public auction held in the Kuala Lumpur High Court at a purchase price of RM700,000 ("Purchase Price"). P avers that this favourable and reduced purchase price was possible due to the abandoned state of the Property at that juncture. In June 2013, D1 transferred the Property to his children, D2 and D3.

[4] The Property is part of a commercial develop


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