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2014 MarsdenLR 2347

HIGH COURT MALAYA KUALA LUMPUR
MALAYSIA LAND PROPERTIES SDN BHD & ANOR – Appellant
Versus
SIMESILK SDN BHD – Respondent


Table of Content
1. background of the maintenance and service charges dispute. (Para 1 , 3 , 4 , 5 , 6)
2. defenses raised by the respondent regarding services and contract obligations. (Para 7)

[1] This is an appeal against the decision of the learned Sessions Court Judge dismissing the Appellants' claim against the Respondent for outstanding maintenance and service charges in the sum of RM37,188.82. This appeal arises after a full trial in the Court below on two days, where the Appellants called three witnesses and the Respondent, one.

[2] Prior to the hearing of this appeal the following interlocutory matters were filed and disposed of in relation to this appeal:-

(a) The Respondent's application to strike out the appeal, on the grounds that the Notice of Appeal erroneously stipulated that the Respondent was the appellant, when the former had not filed any appeal. This application was dismissed.

(b) The Appellants' application to amend the Notice of Appeal to rectify the foregoing error. The application was allowed with costs.

(c) The Appellants' application for an extension of time to lodge the security deposit of RM250-00. The application was dismissed, and on appeal to the Court of

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