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2013 MarsdenLR 778

HIGH COURT MALAYA IPOH
NG CHEE CHOY – Appellant
Versus
BETTER SYMBOL SDN BHD & ORS (ENCL 5) – Respondent


Table of Content
1. application to strike out claim based on abuse of process. (Para 1 , 3)
2. factual background regarding directors and claim under ca 1965. (Para 2 , 12)
3. critical analysis of filing procedures under rc 2012. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 13 , 14)
4. conclusion supporting striking out of plaintiff's action. (Para 15)
5. rejection of hybrid action argument based on case law. (Para 16 , 17)

[1] By way of Encl 5, the defendants are seeking to strike out the plaintiff's writ and statement of claim under O 18 r 19(1)(d) Rules of 2012 ("RC 2012") on the ground of abuse of the Court process.

[2] The background facts leading to the application can be stated as follows.The plaintiff is a director of the 1st defendant company, together with the 2nd defendant. The 3rd defendant was subsequently made a director of the 1st defendant as well.The plaintiff has now filed this action alleging that the 2nd defendant had acted against the interests of the plaintiff and the 1st defendant company, the particulars of which were set out in the statement of claim.The plaintiff is seeking for an order that the 1st defendant be wound-up and a liquidator appointed and in the alternati

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