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2010 MarsdenLR 2332

HIGH COURT MALAYA KUALA LUMPUR
S VIGNESWARAN M SANASEE – Appellant
Versus
MAJU INSTITUTE OF EDUCATIONAL DEVELOPMENT (MIED) – Respondent


Table of Content
1. plaintiff seeks leave to commence action (Para 1 , 2)
2. defendant seeks to expunge paragraphs from affidavit (Para 3 , 4)
3. preliminary objection regarding affidavit timing (Para 5 , 6)
4. court's reasoning against expunging evidence (Para 7 , 8 , 9)
5. court's dismissal of defendant's application (Para 10 , 11 , 12)
Mah Weng Kwai JC:

[1] The plaintiff by his originating summons is seeking inter alia, leave of court to commence an action on behalf of the defendant by way of a writ of summons and statement of claim against Dato' Seri S Samy Vellu a/l Sangalimuthu and 8 Others under ss 181A, 181B and 181E of the Companies Act 1965 and O 5 r 4, O 7, O 28 and O 92 r 4 of the Rules of the High 1980 (RHC).

[2] In support of his originating summons, the plaintiff filed and served his affidavit in support (encl. 2) on the defendant on 12 January 2010.

[3] On 25 February 2010 the defendant filed its summons in chambers (encl 12) under O 41 r 6 RHC and/or the inherent jurisdiction of the court for an order to expunge paras 27, 28 to 28.20, 29 to 29.8, 30, 36 to 38 and 51 to 54 (the said paragraphs) appearing in the plaintiff's affidavit (encl 2).

[4] The defendant did not file a

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