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2017 MarsdenLR 491

HIGH COURT MALAYA KUALA LUMPUR
NOVAVIRO TECHNOLOGY SDN BHD – Appellant
Versus
QL PLANTATION SDN BHD & ANOR; WATERMECH ENGINEERING SDN BHD (THIRD PA.... – Respondent


Table of Content
1. can the court strike out a suit on specific grounds? (Para 1)
2. description of parties and their relationships regarding the confidential information. (Para 2 , 3 , 4 , 5 , 6)
[1] In this case, two defendant companies (defendants) apply in court encl no 5 (encl 5) to strike out the suit filed by the plaintiff company (plaintiff). In court encl no 20, the third party company (third party) apply to strike out this action (encl 20).

[2] Enclosures 5 and 20 raise the following questions:

(1) whether a suit can be struck out on any one or more of the following gounds:

(a) the contents of a Statement of Claim (SOC) are scandalous within the meaning of O 18 r 19(1)(b) [para (b)] of the Rules of 2012 (RC);

(b) the plaintiff is estopped from filing this suit because, amongst others, the plaintiff has filed an earlier suit [Kuala Lumpur High court Civil Suit No 22(IP)-47-2011 against, among others, the third party (1st Suit)] and has obtained judgment against, amongst others, the third party after a trial (judgment);

(c) this suit is barred by an application of the issue estoppel principle, the second limb of res judicata doctrine;

(d) the plaintiffs claim for tort of breach of

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