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2022 MarsdenLR 699

HIGH COURT MALAYA KUALA LUMPUR
YAN MOHD NOORDIN – Appellant
Versus
KAMAL BAHAREIN NORDIN & ORS – Respondent


Petitioner Advocates:Khairul Izzat Azmee,Zeti Zulfah ,Respondent Advocate: Siti Hadijah Ahmad,Nabila Sulaiman

JUDGMENT

Leong Wai Hong JC:

Introduction

[1] This is a strange case.

[2] It is even stranger that an appeal has been filed by the Plaintiff after I dismissed her OS and granted an order that the Plaintiff is a vexatious litigant.

[3] In a nutshell, the Plaintiff had filed an Ex-Parte OS dated 4 January 2022 before me alleging fraud by various parties including a law firm Tetuan Akberdin & Co She asked me to give her declaratory orders which would affect them without naming them as defendants to her Ex-Parte OS.

[4] In essence, the Plaintiff wants to set aside a Court order dated 19 December 2013. The Court order is therefore granted more than 8 years ago. I heard counsel for the Plaintiff on 1 April 2022.

[5] Thinking that the Plaintiff's solicitors had momentarily forgotten two elementary legal propositions - that an action based on fraud should begin by writ and, a fortiori, not by Ex-Parte OS; and all parties affected by any Court order should be made defendants - due to the urgency to prevent fraud, I did not strike out the Ex-Parte OS when I heard counsel. Instead, I ordered the Ex-Parte OS to be converted to Inter-Parte.

[6] I also ordered the Plaintiff to add as defendants six [6] p


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