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2017 MarsdenLR 2741

HIGH COURT MALAYA PENANG
FAIRCHILD SEMICONDUCTOR (MALAYSIA) SDN BHD – Appellant
Versus
TOWAM SDN BHD (ENCL 1) – Respondent


Table of Content
1. parties dispute regarding sub-lease and payment due to acreage differences. (Para 1 , 2 , 4)
2. dispute over sub-lease measurement. (Para 3)

[1] The parties are referred to as they were at the Sessions Court. This is an appeal by the plaintiff against the decision of the learned Sessions Court Judge. The learned Sessions Court Judge allowed the defendant's application to strike out the writ of summons and statement of claim. The plaintiff is not satisfied with the decision and appeals to the High Court. The grounds for the decision of the learned Sessions Court Judge is not available.

Brief Facts

[2] The dispute between the parties relates to the sub-lease of part of a piece of land formerly held under Hakmilik Sementara HS (D) 3393, Lot PT 188 Mukim 12, Daerah Barat Daya, Pulau Pinang. After a sub-division, the land in dispute is presently known as Lot Nos. 11662 and 11678 Mukim 12, Daerah Barat Daya, Pulau Pinang. The registered proprietor of the land is Seri Pinang Sdn Bhd (formerly known as Sri Pinang Development Sdn Bhd). Seri Pinang Sdn Bhd leased the land to one National Semiconductor Sdn Bhd. The defendant sub-leased the land from National Semiconductor Sdn B

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