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2014 MarsdenLR 1013

HIGH COURT MALAYA KUALA LUMPUR
AUSPICIOUS JOURNEY SDN BHD – Appellant
Versus
EBONY RITZ SDN BHD & ORS – Respondent


Table of Content
1. background and claims related to the parties involved. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)

[1] Enclosure (12) is the 5th, 6th, 8th and 9th defendants' ("the defendants") application pursuant to O 15 r 6(2)(a) of the Rules of 2012 (" ROC ") for an order that the 5th, 6th, 8th and 9th defendants be struck out as parties of the originating summons.

Background Facts

[2] Before giving my views on the defendants application, it is necessary first to outline the background facts of the plaintiff's claim.

[3] The proceeding herein is brought pursuant to s 181 of the Companies Act 1965 .

[4] The subject matter of the suit is the 1st defendant ("Ebony Ritz"), in which the plaintiff ("Auspicious Journey") and the 2nd defendant ("Hoe Leong") holds 20% and 80% of the shares respectively in Ebony Ritz.

[5] Ebony Ritz is a special purpose joint venture vehicle utilised by both Hoe Leong and Auspicious Journey for purposes of their investment in Semua International Sdn Bhd ("Semua International").

[6] The crux of Auspicious Journey's complaint involves various acts undertaken by, inter alia, Hoe Leong which infringes upon the rights of Ebony Ritz and Auspicious Journey. The acts of Hoe Le

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