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2024 MarsdenLR 291

HIGH COURT MALAYA PENANG
GUNALAN SAGARAN – Appellant
Versus
MOHD NASRI ABDUL RAHIM & ORS – Respondent


JUDGMENT

Kenneth St James JC:

Prelusion

[1] The 1st Defendant to the 4th Defendant company (D1-D4Co) applies to strike out the Plaintiff's (P) claim as against them. D1-D4 applies to strike out P's Writ and Statement Of Claim (SOC) under limbs (a), (b) and (d) of O 18 r 19(1) of the Rules Of 2012.

[2] Limb (a) is the ground that P's SOC discloses no reasonable cause of action against D1-D4Co. Limb (b) is the ground that P's SOC is scandalous, frivolous or vexatious. And limb (d) is the ground that P's SOC is an abuse of the process of the Court.

[3] Should P's claim against D1-D4Co be struck out in this case?

P's Causes Of Action Against D1-D4

[4] P pleads that D1-D4Co breached their contract with P; that D1- D4Co cheated P; and that D1-D4Co committed a fraud on P. P's causes of action against D1-D4Co are for breach of contract, cheating and fraud.

The Pertinent Pleaded Facts

[5] D1 owns D4Co. D1, D2 and D3 are directors of D4Co. I will refer to D1, D2 and D3 together as "D1D2D3".

[6] D5 and D6 are partners in a firm (business).

[7] D5 and D7 are partners in another firm (another business).

[8] D1 and D5 have various businesses, such as hotels, an aquaponic farm, an oil palm plantation, a rubb


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