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HIGH COURT MALAYA PENANG
TEAM FOUR SDN BHD – Appellant
Versus
ANG KIM CHENG @ANG TENG KOK & ORS – Respondent
| Table of Content |
|---|
| 1. application for striking out pleadings remains undetermined. (Para 1 , 2) |
| 2. summary striking out must only occur in clear and obvious cases. (Para 3 , 4) |
| 3. defendants could not succeed in their claims due to insufficient substantiation. (Para 5 , 6 , 7) |
| 4. res judicata cannot be invoked unless similar parties and issues are identical. (Para 8 , 12 , 13) |
| 5. court found the plaintiff's claims must proceed to trial. (Para 36) |
[1] The Third, Fourth and Fifth Defendants (Defendants) made an application dated 18 April 2016 to strike out the Writ of Summons and Statement of Claim filed by the Plaintiff. This court made a decision on 16 November 2016 to dismiss the same with costs. The Defendants have filed a Notice of Appeal dated 9 December 2016 against the said decision hence these Grounds of Decision.
[2] The following affidavits have been filed by the plaintiff and defendants:
(a) "Afidavit Sokongan" by Kang Chai affirmed on 15 April 2016 (hereinafter referred to as "Defendants' Supporting Affidavit")
(b) "Afidavit Jawapan Plaintif - 1" by Tan Syn Wei affirmed on 16 May 2016 (hereinafter referred to as "Plaintiff's 1st Affidavit in Reply")
(c) "Affidavit Balasan" by Kang C
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