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2024 MarsdenLR 32

HIGH COURT MALAYA KUALA LUMPUR
KERK HAN MING – Appellant
Versus
LEE YU MENG & ORS – Respondent


Petitioner Advocates:Dato J Shamesh,Kumarappan Ramasamy,Suzanne Kurian ,Respondent Advocate: Alvin Tang,Kang Zhen Leong

JUDGMENT

(Enclosures 176)

Atan Mustaffa Yussof Ahmad J:

[1] This is an application by the 3rd Defendant, Wong Kok Kheong ("Wong"), for leave to cross-examine the deponents of affidavits filed in relation to the Originating Summons dated 5 October 2023 ("OS") in this matter. The application is opposed by the Plaintiff, Kerk Han Meng ("Kerk"), and the 2nd Defendant, Kua Chin Wee ("Kua"). The 1st Defendant, Lee Yu Meng ("Lee"), and the 5th Defendant, CJ Polymers Sdn Bhd ("CJ Polymers"), support the application. After careful consideration of the submissions and evidence before me, I am of the view that the application should be allowed for the following reasons.

Whether The 3rd Defendant Has Sufficiently Identified Relevant Disputed Facts That Warrant Cross-Examination And Are Relevant To The Core Issues In This Case

[2] Wong contends that there are multiple disputed facts which cannot be resolved by affidavit evidence alone and must be tested through cross-examination. In his affidavit supporting encl 176, Wong has identified several key areas of dispute, including whether CJ Polymers is a quasipartnership, Kerk's conduct relating to certain financial matters of the company, and allegatio


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