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2017 MarsdenLR 2157

FEDERAL COURT PUTRAJAYA
ULIMAS SDN BHD – Appellant
Versus
HI-SUMMIT CONSTRUCTION SDN BHD & OTHER APPEALS – Respondent


Table of Content
1. introduction of multiple appeals and main questions of law. (Para 1 , 2)
2. initial suit details and key objections raised. (Para 3 , 4 , 5 , 6)
3. discussion over authority to act and legal representation. (Para 7 , 8)
4. authority and ratification principles discussed. (Para 9)

[1] There are three appeals before this court namely:

(i) Civil Appeal No: 02(I)-21-03-2014(W) with Ulimas Sdn Bhd as the appellant (the 1st appellant) and Hi-Summit Construction Sdn Bhd as the respondent;

(ii) Civil Appeal No: 02(I)-22-03-2014(W) with Bright Focus Sdn Bhd as the appellant (the 2nd appellant) and Hi-Summit Construction Sdn Bhd as the respondent; and

(iii) Civil Appeal No: 02(I)-28-03-2014(W) with Konsortium Lapangan Terjaya Sdn Bhd as the appellant (the 3rd appellant) and Hi-Summit Construction Sdn Bhd as the respondent.

For convenience, in this judgment the three appellants will be collectively referred as "the appellants".

[2] Leave to appeal was granted by this court on 25 February 2014. The questions of law posed to us are as follows:

(i) Where unauthorised legal proceedings are not ratified or adopted by a principal sooner than striking out by a court of law, does the doctrin

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