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2007 MarsdenLR 2163

HIGH COURT MALAYA, KUALA LUMPUR

VINCENT NG J


EDMUND MING KWAN
versus
EXTRA EXCEL (MALAYSIA) SDN BHD

ORIGINATING PETITION NO: D1-26-56-2004

Decided On : 03-14-07

Advocates:
For the petitioner - Logan B Sabapathy (PY Liew & LH Wong with him); M/s Logan Sabapathy & Co
For the respondents - Mah Weng Kwai (NS Guok & Raymond Mah with him); M/s Mah Weng Kwai & Assoc
Reported by Suhainah Wahiduddin

JUDGMENT

Vincent Ng J:

[1] Now before me is an application by the petitioner under encl. 186 for leave to cross-examine the 2nd and 4th respondents at the hearing of the notice of motion (encl. 178) for contempt. Because the principal purpose of the above petition, which is encompassed in encls. 1 and 10, seem to have taken some inordinate time to resolve with finality, perhaps it is appropriate here to set out the myriad applications (a record number in my court or other courts, for that matter) that have been filed by both sides in relation to the petition. The various applications with their enclosure numbers and nature of application are here set out and tabulated as follows:

Item Encl No. Date Filed by Nature of Application

1) 1 1/7/04 Petitioner Application under s. 181 Companies Act 1965

2) 2 21/7/04 Petitioner Application under O. 20 r. 5 RHC 1980 to amend Petition

3) 5 12/8/04 Petitioner Summons For Direction under O. 88 r. 7 RHC 1980

4) 10 25/9/04 Petitioner Summons In Chambers (Application to appoint Receivers and Managers)

5) 12 5/10/04 1st & 2nd Respondents Application under O. 23 RHC 1980 (Security for Costs)

6) 16 5/10/04 3rd Respondent Application under O. 23 RHC 1980 (Security for Costs)

7) 18 5/10/04 5th Respondent ''

8) 20 8/10/04 4th Respondent ''

9) 34 30/12/04 1st & 2nd Respondents Application under O. 92 r. 4 RHC 1980 (1st & 2nd Respondent) be allowed to file and served their affidavit in reply to the Petitioner for an appointment of Receivers and Managers after the Petitioner has furnished the amount of Security for the Respondents' Costs

10) 38 17/1/05 5th Respondent Application under O. 92 r. 4 RHC 1980 (as per item 9)

11) 40 17/1/05 3rd Respondent Application under O. 92 r. 4 RHC 1980 (as per item 9)

12) 42 19/1/05 4th Respondent Application under O. 92 r. 4 RHC 1980 (as per item 9)

13) 55 28/1/05 Petitioner Application under O. 20 r. 5 RHC 1980 (for amendment of Petition)

14) 65 23/3/05 Petitioner Notice of Appeal to the Judge in Chambers (against SAR's decision dated 18/3/05 allowing Security for Costs for 4th Respondent in the sum of RM250,000.00)

15) 66 23/3/05 Petitioner Notice of Appeal to the Judge in Chambers (against SAR's decision dated 18/3/05 allowing Security for Costs for 1st & 2nd Respondents in the sum of RM400,000.00)

16) 67 23/3/05 Petitioner Notice of Appeal to the Judge in Chambers (against SAR's decision dated 18/3/05 allowing Security for Costs for 3rd Respondent in the sum of RM250,000.00)

17) 74 25/3/05 Petitioner Application under O. 92 r. 4 RHC 1980 (for an extension of time to deposit monies for 4th Respondent's Security for Costs)

18) 76 25/3/05 Petitioner Application under O. 92 r. 4 RHC (for an extension of time to deposit monies for 3rd Respondent's Security for Costs)

19) 78 25/3/05 Petitioner Application under O. 92 r. 4 RHC 1980 (for an extension of time to deposit monies for 1st & 2nd Respondents' Security for Costs)

20) 81 23/3/05 5th Respondent Application under s. 25(2) CJA 1964 and O. 92 r. 4 RHC 1980 (to stay the Petition and all proceedings pending the disposal of the 5th Respondent's application for Security for Costs and the appeals, if any, before Judge in Chambers)

21) 83 24/3/05 3rd Respondent Notice of Appeal to the Judge in Chambers (against SAR's decision on 18/3/05 on Security for Costs)

22) 84 25/3/05 4th Respondent Notice of Appeal to the Judge in Chambers (against SAR's decision on 18/3/05 for Security on Costs)

23) 86 28/3/05 3rd Respondent Application under s. 25(2) CJA 1964 and O. 92 r. 4 RHC 1980 (to stay the Petition and all proceedings pending the disposal of 3rd Respondent's application for Security for Costs and the appeals, if any, before the Judge in Chambers)

24) 88 14/4/05 1st & 2nd Respondent Application under s. 25(2) CJA 1964 and O. 92 r. 4 RHC 1980 (to stay the Petition and all proceedings pending the disposal of 1st and 2nd Respondents' application for Security for Costs and the appeals, if any, before the Judge in Chambers

25) 93

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