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HIGH COURT MALAYA KUALA LUMPUR
QUAH ENG HAI & ANOR – Appellant
Versus
COSMOPOLITAN AVENUE SDN BHD & ORS (ENCL 9 12 & 14) – Respondent
| Table of Content |
|---|
| 1. court addresses strikeout applications. (Para 1 , 2 , 3) |
| 2. plaintiffs claim breaches not sustained. (Para 4 , 5 , 6) |
| 3. defendants argue time barring and abuse. (Para 8 , 9 , 10) |
| 4. court assesses claims based on limitation act. (Para 12 , 13 , 14 , 15 , 16) |
| 5. finding on claims is frivolous and vexatious. (Para 20 , 21 , 22) |
[1] The following is the grounds of judgment of this Court in relation to the:
(i) Encl 9: the 1st Defendant's application to strike out the Plaintiffs' Writ and Statement of Claim;
(ii) Encl 12: the 2nd Defendant's application to strike out the Plaintiffs' Writ and Statement of Claim; and
(iii) Encl 14: the 3rd Defendant's application to strike out the Plaintiffs' Writ and Statement of Claim.
[2] Upon conclusion of the hearing, I had on 8 May 2018, granted order in terms for Encls 9, 12 and 14 with cost of RM5,000.00 each payable by the Plaintiffs to each of the Defendant subject to allocator The Plaintiffs have since filed the notice of appeal against the above order.
Background Of The Plaintiff's Suit
[3] The history of this suit has been set out at length in the submission of both parties. I have adopted a large part of those factual matrix in the
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