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2021 MarsdenLR 2014

HIGH COURT MALAYA SHAH ALAM
SJ SECURITIES SDN BHD – Appellant
Versus
EUREKA FOUNTAIN SDN BHD – Respondent


Petitioner Advocates:Vinnodhini Murugays ,Respondent Advocate: Nalini Murugiah

JUDGMENT

SM Komathy Suppiah J:

[1] The plaintiff instituted this action against the defendant for the sum of RM19,547,822.40 together with interest allegedly due under three share trading accounts. The plaintiff's action is founded on fraud and misrepresentation and concealment of facts.

[2] The defendant has applied under O 18 r 19(1)(b), (c) and (d) of the Rules of 2012 to strike out the plaintiff's action on the ground that the plaintiff's claim is barred by limitation. The application is supported by two affidavits affirmed by one Chan Kok Keong on 14 August 2020 and 17 September, respectively. The plaintiff has filed an affidavit affirmed by one Ayub Khan bin Zakariah on 1 September 2020 to oppose the application.

Statement Of Claim

[3] The plaintiff's claim is that the defendant opened the following three share trading accounts ("the trading accounts") with the plaintiff for the purpose of investment related to the shares in Fountain View Development Bhd ("FVDB"):

(a) EUR01 dated 26 November 2002;

(b) SJS0153 dated 24 November 2002; and

(c) SMT0266 dated 24 November 2002

[4] At the defendant's request, the plaintiff provided credit facilities to the defendant for its investments unde


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