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2022 MarsdenLR 1797

HIGH COURT MALAYA KUALA LUMPUR
H SPACE HOLDINGS SDN BHD – Appellant
Versus
WEE KOK HAN & ORS – Respondent


Petitioner Advocates:Nabilah Aryssa Mohamad Askandar ,Respondent Advocate: Justin Ong Ing Hou

JUDGMENT

Akhtar Tahir J:

Introduction

[1] In this case the Court struck out the Plaintiff's claim for failure to comply with the Court's directive for case management given pursuant to O 34 of the Rules of 2012.

[2]Order 34 (1) states as follows:

(1) Notwithstanding anything in these Rules, the Court may, at any time after the commencement of proceedings, of its own motion, direct any party or parties to the proceedings to appear before the Court, in order that the Court may make such order or give such direction as it thinks fit so that:

(a) all matters which must or can be dealt with on interlocutory applications and have not already been dealt with may so far as possible be dealt with; and

(b) such directions may be given as to the future course of the action as appear best adapted to secure the just, expeditious and economical disposal thereof.

Brief Facts

[3] On 9th of July 2022 the Court gave the following directives in pursuant of the above provision:

i) The case was fixed for a full trial on 1st to 3rd of November 2022 and a date of final case management on 1 September 2022.

ii) By 1st of September 2022 the parties were directed to file all pre-trial documents which included the Bund


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