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2021 MarsdenLR 2570

HIGH COURT MALAYA KUALA LUMPUR
HIGH POINT TECHNIC SDN BHD – Appellant
Versus
THRUSTBAR RESOURCES SDN BHD – Respondent


Petitioner Advocates:Kenny Tan Kah Poh ,Respondent Advocate: Manmohan Singh Kang,S Sathyananthan,Nazirah Azyan Nazari

JUDGMENT

Quay Chew Soon JC:

Introduction

[1] The Plaintiff ("P") filed an application vide encl 8 ("Encl 8") for summary judgment against the Defendant ("D"). Encl 8 is made under O 14 of the Rules of 2012.

[2] D in turn filed an application vide encl 9 ("Encl 9") to strike out P's Writ of Summons and Statement of Claim ("SOC"). Or in the alternative that para 14 of the SOC be expunged. Encl 9 is made under O 18 r 19(1)(b), (c) and (d) of the Rules of 2012.

[3] I dealt with both Encl 8 and Encl 9 together. I dismissed Encl 9 and did not allow the striking out by D. Instead I allowed Encl 8 and entered summary judgment against D. Here are the grounds of my decision.

Background Facts

[4] At the request of D from time to time, P will supply to Borneo Seaoffshore Engineering Sdn Bhd("BSOE") manpower, services and goods for engineering related purposes. P has supplied to BSOE the manpower, services and goods as ordered by D (collectively "Goods"). After supplying the Goods, P has delivered invoices to D based on the agreed sums ("Invoices").

[5] P avers that D has failed to make full payment of the sums owing under the Invoices. According to P, D still owes a sum of RM1,934,240.30 ("Said Sum"


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