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2007 MarsdenLR 1171

COURT OF APPEAL PUTRAJAYA
INDAH DESA SAUJANA CORPORATION SDN BHD & ORS – Appellant
Versus
JAMES FOONG CHENG YUEN & ANOR – Respondent


Petitioner Advocates:Darshan Singh Khaira ,Respondent Advocate: Dato' Mary Lim Thiam Suan,Narkunavathy Sandareson

JUDGMENT

Low Hop Bing JCA:

Appeals

[1] These two appeals lodged by the appellants - plaintiffs ("the plaintiffs") arose from the orders of the Kuala Lumpur High Court made pursuant to two summonses in chambers, the particulars of which are:-

Application

Order

Encl (8)

Plaintiffs' application, to prevent the Attorney General or his officers from acting for the first respondent-defendant ("the first defendant"), was dismissed with costs.

Encl (6)

Application of the respondents-defendants ("the defendants"), to strike out the plaintiffs' statement of claim, under O 18 r 19(1)(a), (b) or (d) of the Rules of the High 1980, was allowed with costs.

(See Indah Desa Saujana Corporation Sdn Bhd & Ors v. James Foong Cheng Yuen & Anor, [2006] 1 MLJ 464 HC; [2006] 2 AMR 157)

[2] After hearing submissions, we dismissed these appeals. Our grounds now follow.

[3] For convenience, the parties herein are referred to in their respective capacities as plaintiffs and defendants in the High Court.

Factual Background

[4] On 25 October 2002, the plaintiffs, also the plaintiffs in another action ie Kuala Lumpur High Court Civil Suit No: D2-22-987-2000, had obtained default judgment for some RM14 million ("the judgment

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