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2013 MarsdenLR 1579

COURT OF APPEAL PUTRAJAYA
STADCO SDN BHD – Appellant
Versus
WOOLLEY DEVELOPMENT SDN BHD – Respondent


Table of Content
1. appellant's initial claim and background. (Para 1 , 2 , 3 , 4 , 5)
2. proposed amendments to the statement of claim. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. response and counterarguments from the respondent. (Para 14 , 15 , 16 , 17)
4. court's decision to dismiss the appeal. (Para 18)

[1] This is an appeal against the decision of the High Court of Kuala Lumpur of 28 February 2011 dismissing the appellant's application to amend its statement of claim to add a new cause of action.

[2] The appellant is the plaintiff at the High Court. The appellant's writ action and statement of claim was filed on 28 February 2002. In the writ and statement of claim, the appellant cites a company called 'Cherating Development Sdn Bhd' ('Cherating Development') as the first defendant. Cherating Development is not a party to this appeal. The respondent, Woolley Development Sdn Bhd is cited as the 2nd defendant in the writ action. The 1st defendant, Cherating Development, is the owner of several parcels of land in Butterworth. Around 1996/1997 the first defendant developed the parcels of land, constructing several shop offices in a project called 'Raja Uda Commercial Centre'. The appell

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