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2003 MarsdenLR 1796 ; 2003 MarsdenLR 1

ABDUL MALIK ISHAK
REPCO (MALAYSIA) SDN BHD – Appellant
Versus
TAN THO FATT – Respondent


Advocates:
For the plaintiff - Justin Voon (Tiffany Lim); M/s Cheah Teh & Su
For the 1st, 3rd, 4th, 8th & 9th defendants - Maidzuara Mohammed (Vijay Raj); M/s Logan Sabapathy & Co
For the 2nd, 5th, 6th & 7th defendants - KS Law; M/s Shook Lin & Bok

JUDGMENT

Abdul Malik Ishak J:

Introduction

This was the joint application by way of a summons in chambers in encl. 50 of the first, third and fourth defendants ("individual defendants") and the eighth and ninth defendants ("subject companies") for early trial dates for the disposal of the action herein. That encl. 50 was worded in this way:

(1) that early trial dates be fixed for the disposal of the action herein;

(2) that the costs of and occasioned by this application be costs in the cause; and

(3) that such further or other orders or directions be made or given as this Honourable Court deems fit and just in the circumstances.

From henceforth, the individual defendants and the subject companies shall be referred to as the "defendants".

In support of encl. 50, the defendants relied on the affidavits of Siew Choon Wah that were affirmed on 27 December 2001, 22 January 2002 and 18 February 2002 as reflected in encls. 49, 55 and 58 respectively. The plaintiff vehemently opposed encl. 50 and the plaintiff relied on the affidavits of Yeow Ewe Chuan that were affirmed on 10 January 2002, 4 February 2002 and 4 March 2002 as seen in encls. 54, 56 and 59 respectively.

The defendants were f

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