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2003 MarsdenLR 1631 ; 2003 MarsdenLR 1

ABDUL MALIK ISHAK
S & M SHOPPING ARCADE SDN BHD – Appellant
Versus
FUI LIAN-KWONG HING SDN BHD – Respondent


Advocates:
For the plaintiff - M Nagarajah (Yong Jee Kong); M/s Peter Goh & Nor Jaswa
For the defendant - Michael KT Chow (Olivia Loh); M/s Logan Sabapathy & Co

JUDGMENT

Abdul Malik Ishak J:

The Consent Order Dated 12 July 2002

There was a consent order before the learned judge of the S6 court dated 12 July 2002 and it can be seen in encl. 7. The operative parts of the consent order would be:

IT IS HEREBY BY CONSENT ORDERED that:

(a) the Plaintiff shall forthwith pay to the Defendant the sum of RM308,000.00 representing the outstanding payment of June, 2002 for the said Premises and shall continue to pay monthly rentals at RM308,000.00 promptly as provided in the said Sub-Lease and Guarantee Agreement until the rate by the independent registered valuer is determined as provided hereinbelow;

(b) upon receipt of the said sum of RM308,000.00, in any case, within two (2) working days of receipt thereof, the Defendant shall appoint one of the following registered valuers in accordance with Clause 4.1 (d) of the said Sub-Lease and Guarantee Agreement, namely:

(i) Messrs. Jones Lang Wooton, or

(ii) Messrs. Rahim & Co., or

(iii) Messrs. C.H. Williams Talhar; (and)

(c) the parties hereby agree to be bound by the determination of the open market rate for the monthly rental for the said Premises, by such jointly appointed registered valuer pursuant t

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