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2013 MarsdenLR 2079

HIGH COURT SABAH & SARAWAK KOTA KINABALU
KAMAWANG ENTERPRISE SDN BHD & ANOR – Appellant
Versus
MASCOM (M) SDN BHD & ANOR (ENCL 689) – Respondent


Table of Content
1. details of the ex parte application and background. (Para 1)
2. arguments on the enforceability of the existing judgment. (Para 2 , 3)

[1] Enclosure 689 is an Ex parte Application filed by the 1st Defendant for an interim injunction against the 1st Plaintiff restraining the 1st Plaintiff and/or its servants and/or agents from filing a Winding-up Petition against the 1st Defendant pursuant to O 29 r 1 Rules of 2012. This Court however finds it appropriate for this Application to be heard inter parte. This is because the s 218 Notice dated 13 June 2013 under the Companies Act 1965 issued by the 1st Plaintiff against the 1st Defendant is for a debt which arose from a Judgment of the Court of Appeal dated 20 March 2013 although the leave application to appeal to the Federal Court filed by the 1st Defendant is still pending. Secondly, the 1st Defendant alleged that subsequent to the Order of the High Court dated 05 January 2009 giving Judgment against the 1st Defendant in favour of the 1st Plaintiff, both the Defendants discovered that there was false evidence and perjury committed by two (2) witnesses who testified for the Plaintiffs which resulted in the Judgment date

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