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2018 MarsdenLR 814

HIGH COURT MALAYA KUALA LUMPUR
ERAMARA JAYA SDN BHD & ORS – Appellant
Versus
ONG CHENG HEANG @ ONG CHENG HEAN & ORS – Respondent


Petitioner Advocates:Dato' K Kirubakaran,Datuk Wong Rhen Yen,Mark Ho,Emily Wong ,Respondent Advocate: N Navaratnam,Alex Tan

Table of Content
1. writ action and claims for declarations. (Para 1 , 4 , 9)
2. overview of plaintiffs' claims regarding transactions. (Para 5 , 12 , 13)
3. arguments related to striking out procedures and res judicata. (Para 22)

[1] The underlying action in the instant proceeding is a writ action filed by the plaintiffs, among others, primarily for various declarations on previous transactions involving the defendants, the return of issue documents of titles and the transfer forms on certain properties to the first plaintiff as well as damages given the allegations against the defendants' committing fraud on the Court, conspiracy and dishonest assistance.

[2] The defendants in response instituted the instant six separate striking out applications against the writ and the statement of claim of the plaintiffs.

[3] These striking out applications were heard together and at the conclusion of the hearing, I allowed all six applications, highlighted the principal reasons for my decision, and struck out the claim of the plaintiffs. This judgment contains the full reasons for my decision.

Key Background Facts

The Parties

[4] The first plaintiff is a company in liquidation. The second and third pl

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