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HIGH COURT MALAYA KUALA LUMPUR
BAYANGAN SEPADU SDN BHD – Appellant
Versus
CHAN YIN LING – Respondent
| Table of Content |
|---|
| 1. grounds for striking out claim (Para 1 , 2) |
| 2. details of plaintiff's claims against defendants (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. limitation period analysis (Para 10 , 11 , 12) |
| 4. time-barred claims and knowledge of fraud (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. consequences of time-barred actions (Para 19 , 20 , 21) |
| 6. conclusion and order of court (Para 22) |
Enclosure 12: The Second And Third Defendants' Application To Strike Out The Plaintiffs Claim Under Order 18 Rule 19(1)(a)(b) And/Or (d) Rules Of Court 2012
Introduction
[1] The Second Defendant and Third Defendant's application to strike out the Plaintiff's claim is premised on three grounds. The first basis is on the ground that the Plaintiff had failed to disclose a reasonable cause of action against the Second and Third Defendants that amounted to an abuse of the Court process. The second ground cited was that the Plaintiff's cause of action if at all, had exceeded the limitation period under s 6 Limitation Act 1953 . The final ground is that the cause of action in any event was estopped by the doctrine of laches.
[2] The suit filed by the Plaintiff against all the Defendants is for de
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