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2024 MarsdenLR 1246

COURT OF APPEAL PUTRAJAYA
EMPIRE HOLDINGS LTD – Appellant
Versus
ITHMAAR DEVELOPMENT COMPANY LTD & ORS – Respondent


Petitioner Advocates:So Chien Hao,Nabilah Mat Sam ,Respondent Advocate: Sathya Kumardas,Koo Yin Soon,Mohammed Yin Soon Daud Sulaiman

JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] There are two (2) separate Notices of Appeal filed before this Honourable Court for us to decide. They are as follows:

COA: W-02(IM)(NCC)-441-03/2022

HC: WA-22NCC-295-07/2021

Appeal against the decision of the High Court delivered on 18 February 2022 dismissing the Appellant's application dated 27 December 2021 in encl 194 (Suit 295), for summary disposal pursuant to O 14A and/or O 33 r 2 of the Rules of 2012 with costs of RM30,000.00 to be paid to the 1st Respondent (with 2nd Respondent), 3rd Respondent and 4th Respondent respectively.

COA: W02(NCC)(W)-511-03/2023

HC: WA-22NCC-295-07/2021

Appeal against the decision of the High Court delivered on 24 March 2023 dismissing the Appellant's claim (after full trial) in encl 1 with costs of RM80,000.00 to be paid to 1st Respondent (with 2nd Respondent), 3rd Respondent and 4th Respondent respectively.

[2] To facilitate the determination of these two (2) appeals, we find it more convenient to combine and decide both the appeals in a single judgment as they are interrelated.

[3] For ease of reference, the parties will be referred to as Plaintiff and 1st, 2nd, 3rd, 4th and 5th Defendants as they were


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