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2015 MarsdenLR 213

HIGH COURT MALAYA SHAH ALAM
KEJURUTERAAN BINTAI KINDENKO SDN BHD – Appellant
Versus
SERDANG BARU PROPERTIES SDN BHD & ORS – Respondent


Table of Content
1. institution of plaint and contracts involved. (Para 1 , 2)
2. claims against specific defendants. (Para 3 , 4 , 5)
3. burden of proof on the plaintiff. (Para 8 , 9 , 10)
4. insufficiency of evidence in proving conspiracy. (Para 11 , 12 , 13)
5. allegations against d4 and duty of care. (Para 21 , 22 , 23)
6. evidence justifying the actions of d4. (Para 28 , 29 , 30)
7. final judgment and dismissal of claims. (Para 34)
Gunalan Muniandy JC:

[1] This is an action by the Plaintiff against the Defendants for various declarations, damages, injunction, etc based on breach of contract, fraud, conspiracy, interference with contract to induce breach, negligence and related reliefs. The chronology of events in this proceeding leading to the trial as enumerated in the submission of Defendants 2) and 3) is reproduced below for convenience:

(a) That the Plaintiff commenced its action against the 1st and 2nd Defendants on 10 October 2008;

(b) That the Plaintiff on/about 04 November 2008 amended its Writ of Summons to add the 2nd and 3rd Defendants;

(c) That on/about 14 April 2009, all disputes between the 1st Defendant and the Plaintiff was referred to arbitration proceeding; and

(d) That t

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