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2021 MarsdenLR 234

HIGH COURT SABAH & SARAWAK KOTA KINABALU
SHAH ARCHITECT & ANOR – Appellant
Versus
BINA PURI CONSTRUCTION SDN BHD & ORS – Respondent


Petitioner Advocates:Samson Ku ,Respondent Advocate: Terrence Lee

JUDGEMENT

Leonard David Shim JC:

[1] This is the decision on enclosure 80 in respect of the 1st, 3rd, 4th and 5th Defendants. enclosure 80 is an application by the 1st and 2nd Plaintiffs (the Plaintiffs) to strike out the Defence of the 1st - 5th Defendants under O 18 r 19 ROC 2012. The orders sought by the Plaintiffs are as follows:

(i) The whole of the Defence of the 1st, 2nd, 3rd, 4th and 5th Defendants be struck out;

(ii) Damages of RM 822,598.19 payable by the 1st, 2nd, 3rd and 4th Defendants jointly or severally to the 2nd Plaintiff within fourteen (14) days from the date of the Order;

(iii) Liquidated damages and costs of RM 14,500.00 payable by the 1st, 2nd, 3rd and 4th Defendants jointly or severally to the 2nd Plaintiff within fourteen (14) days from the date of the Order;

(iv) Costs of this Application;

(v) 5% Statutory interest per annum from the date of the Order until the date of payment based on the damages awarded under prayer (ii) or (iii) above; and

(vi) Other reliefs which this Honourable Court deems fit and proper.

[2] The grounds of this application are as follows:

a. There is no reasonable defence in the Defendants' case; and / or

b. The Defendants' defence are scandalou


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