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2022 MarsdenLR 178

HIGH COURT MALAYA PENANG
DATO DR SIMON LO @ LO SOO SIANG – Appellant
Versus
NOVA MULIA DEVELOPMENT SDN BHD & ANOR – Respondent


Petitioner Advocates:Wan Hsiek Eam,Lee Khe Wei ,Respondent Advocate: Goh Loh Boon

JUDGMENT

Quay Chew Soon J:

Introduction

[1] This is an application by the Plaintiff ("P") vide encl 10 ("Encl 10") for leave to serve interrogatories on the Defendants. Encl 10 is made under O 26 r 1 of the Rules of 2012. I dismissed Encl 10. Here are the grounds of my decision.

Background Facts

[2] The 1st Defendant ("D1") carries on the business of property development and is a licensed housing developer. D1 developed a housing project known as Grace Residence on the land known as No 10046, Seksyen 4, Bandar Jelutong, Daerah Timur Laut, Pulau Pinang held under Geran No Hak milik 172918 ("Housing Project"). The Second Defendant ("D2") is a director and majority shareholder of D1.

[3] Sometime in early year 2016, D1 was facing cash flow problem in connection with the Housing Project. Consequently, D1 needed to obtain funds through loans or investments in order to continue and complete the construction of condominium units in the Housing Project.

[4] D2 searched for interested parties to invest in and subscribe to preference shares to be issued by D1 to the interested investors. P expressed his interest to make an investment through the subscription of preference shares in D1.

[5] After va


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