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2022 MarsdenLR 493

HIGH COURT MALAYA TAIPING
SUPREME INFINITY LAND SDN BHD – Appellant
Versus
PASIR BOGAK INDAH SDN BHD – Respondent


JUDGMENT

(Application For Consolidation Of Actions)

Noor Ruwena Md Nurdin JC:

Introduction

[1] The Plaintiff made an application to consolidate this Civil Suit No: AB-22NCVC-29-12/2020 ("this suit") with Civil Suit No: AB-22NCVC-8-03/2021 ("the other suit") in encl 25 dated 5 August 2021 which will also be heard before this Court. Enclosure 25 was heard on 15 June 2022 and the decision was delivered on 27 July 2022 wherein the application was dismissed with costs. On 22 August 2022 the Plaintiff filed a Notice of Appeal against this Court's decision. The Court now gives its reasons for dismissing the application.

Background Of The Case

[2] This suit arose pursuant to a transaction involving the purchase by the Plaintiff of a piece of property registered under Geran 55417, Lot 41,'Pekan Pasir Bogak, Daerah Manjung, Negeri Perak ("the said Property") owned by the Defendant that was sold under a Sale and Purchase Agreement ("the SPA") dated 4 February 2020 with an initial purchase price of RM13,000,000. The parties entered into another agreement on the same day to vary the purchase price and it was increased to RM14,500,000. The title of the land was transferred to the Plaintiff although on


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