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2018 MarsdenLR 3091

HIGH COURT MALAYA KUALA LUMPUR
HO HUP CONSTRUCTION COMPANY BERHAD – Appellant
Versus
ZEN COURTS SDN BHD & ORS (ENCLS 12 15 16 & 20) – Respondent


Petitioner Advocates:Malik Imtiaz,John Skelchy,Surendra Ananth ,Respondent Advocate: Wong Rhen Yen,Emily Wong Li Yan

Table of Content
1. initial statement invoking a writ action for damages. (Para 1 , 2)
2. plaintiff's claim based on alleged breaches by defendants. (Para 4 , 5 , 10)
3. arguments to strike out focusing on prior litigation. (Para 11)

[1] The underlying action in the instant proceeding is a writ action filed by the plaintiff, among others, primarily for damages for alleged breaches of fiduciary duties and dishonest assistance against the defendants. The defendants in response instituted the instant four separate striking out applications against the writ and the statement of claim of the plaintiff.

[2] These striking out applications were heard together and at the conclusion of the hearing, I allowed all four applications, highlighted the principal reasons for my decision, and struck out the claim of the plaintiff. This judgment contains the full reasons for my decision.

Key Background Facts

[3] There is a long history to the dispute involving the parties. Some of the litigation proceedings have been reported. The crux of this present round of litigation now sought to be struck out by the defendants may be broadly described as a two-pronged attack by the plaintiff against the defendants.

[4

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