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2018 MarsdenLR 2762

HIGH COURT MALAYA SHAH ALAM
SPEKTRA SEGMEN SDN BHD – Appellant
Versus
TC AUTOWORLD SDN BHD – Respondent


Petitioner Advocates:N Subramaniyan,Awtar Singh ,Respondent Advocate: S Murthi,Ahmad Hanafi

[1] The plaintiff and defendant are both locally registered limited companies owning neighbouring lands out of which the present dispute arises. While the plaintiff is engaged in the business of investment holding, the defendant is a major automobile distributor. This claim was commenced by the plaintiff based on alleged trespass and encroachment by the buildings and structures on the defendant's land into the plaintiff's land, both above and below ground, thereby allegedly causing losses and damage to the latter.

Material Facts And Chronology

[2] The following are the common agreed facts between the parties:

The plaintiff is a company registered under the Laws of Malaysia and has its registered address at Tingkat 2, Plaza Hamodal, Lot 15 Jalan 13/2 Off Jalan Bersatu Seksyen 13, Petaling Jaya, Selangor Darul Ehsan and its business address at B-G-06, Jalan SS7/13B Taman Amanseri, Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan. Based on the Suruhanjaya Syarikat Malaysia's record, it is stated that, the plaintiff carries out an investment holding business.

The defendant is a company registered under the Laws of Malaysia and has its registered and business address at No. 10, Jalan

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