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2013 MarsdenLR 2095

HIGH COURT SABAH & SARAWAK KOTA KINABALU
DATO PETER ANTHONY – Appellant
Versus
HARRY IGNATIUS BEATTY – Respondent


Petitioner Advocates:Wendy Lee; ,Respondent Advocate: Marcel Jude

Table of Content
1. procedural overview of enclosure 7 (Para 1 , 2 , 3)
2. defendant's preliminary objections (Para 4)
3. distinction between current and previous suits (Para 5 , 6)
4. affidavit compliance and damages quantification (Para 7 , 8)

[1] Enclosure 7 is filed by Plaintiff pursuant to O 18 r 19 Rules of 2012 to strike out Defendant's Statement of Defence.

[2] Defendant did not file affidavit in opposition although extension of time of 2 weeks to file one vide Notice of Application (Encl 9) had been granted by the Court.

[3] The grounds for the striking out as stated in the Encl 7 are:

(a) the Defendant's Statement of Defence discloses no reasonable Defence; and

(b) it is scandalous, frivolous or vexatious; and

(c) it is otherwise an abuse of the process of the Court.

Defendant has raised Preliminary Objection to this Encl 7. In submission, Defendant urged this Court to strike out the Plaintiff's claim as this suit is res judicata since an earlier suit filed vide BKI-22- 143/7-2012 ("the earlier suit") had been struck out by the High Court against the Defendant with costs on 14 January 2013.

[4] In additional, Defendant contended Plaintiff's application suffers procedural improprieti

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