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2021 MarsdenLR 2482

HIGH COURT SABAH & SARAWAK KUCHING
JEPAK HOLDING SDN BHD – Appellant
Versus
MINISTRY OF EDUCATION MALAYSIA ASSET MANAGEMENT DIVISION (BPA) & ANOR (ENCL.... – Respondent


Petitioner Advocates:Bartholomew Lopez,Wejok Tomik ,Respondent Advocate: Asliza Ali,Leo Saga

JUDGMENT

(In Respect Of Enclosure 425)

Alexander Siew How Wai JC:

A. Preliminary

[1] By Notice of Application (ex-parte) Enclosure 425, the Plaintiff had applied for an Anton Piller order and an injunction order (the "Application").

[2] The record showed the Application was heard ex-parte on June 26 and 29 of 2020.

[3] On June 29, 2020 this Court (by the previous learned Judicial Commissioner) granted 'order in the terms of Encl 425 for a period of 21 days unless the Court otherwise directs. Inter partes hearing 16 July 2020'.

[4] During the course of the inter partes hearing, learned counsel for the Plaintiff informed the Court the Plaintiff was no longer seeking the Anton Piller order and that the Application would be confined to the injunction order sought.

[5] Following the inter partes hearing, this Court dismissed the Application, with costs in the cause.

B. Background

[6] The Plaintiff filed the instant lawsuit in October, 2019.

[7] The Statement of Claim (encl 2) was dated October 23, 2019.

[8] The Plaintiff subsequently filed an Amended Statement of Claim (encl 4) dated October 29, 2019.

[9] Paragraphs 4 and 8 of the Amended Statement of Claim read:

"4. By a Contract Document KP(BPPA)/P


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