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2013 MarsdenLR 561

HIGH COURT MALAYA KUALA LUMPUR
STAMFORD COLLEGE BERHAD – Appellant
Versus
IRIS CORPORATION BERHAD – Respondent


The Background

[1] When this case was heard for case management in this court after taking over from another court, there were already three interlocutory applications filed; one by the plaintiff for summary judgment (encl 5) pursuant to O 14 r 1 of the Rules of 2012 ('RC'), two by the defendant for striking out of the writ and statement of claim (encl 10) pursuant to O 18 r 19 of the RC and for security of costs (encl 12) pursuant to s 351(1) of the ('the Act').

[2] In saving judicial time, all three applications were heard on the same day and this judgment relates to the three applications.

The Material Facts

[3] The plaintiff is the holding company of Stamford College (PJ) Sdn Bhd ('SCPJ') and Stamford College (Malacca) Sdn Bhd ('SCM') which entered into an agreement dated 4 October 2012 ('agreement') with the defendant to sell 51% of the fully paid up ordinary shares of SCPJ and SCM for the consideration price of RM2,500,000.

[4] The defendant paid the plaintiff 10% for deposit of RM250,000 under the agreement leaving the balance sum of RM2,250,000 and transfer of sale shares was also executed by the plaintiff for the defendant.

[5] Despite several reminders from the plaintiff, the

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