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2007 MarsdenLR 43

HIGH COURT SABAH & SARAWAK KUCHING
DUTA ARIF SDN BHD & 2 ORS – Appellant
Versus
CHARTERFIELD DEVELOPMENT CORPORATION SDN BHD & ORS – Respondent


Petitioner Advocates:Tai Choi Yu ,Respondent Advocate: Alice Loke Yee Ching

JUDGMENT

Hamid Sultan JC:

[1] This is my judgment in respect of the appellants/plaintiffs' appeal against the decision of the learned deputy registrar who allowed the respondent/3rd defendant's application to strike out the statement of claim.

[2] The appellants say their cause of action is based on the following: (i) the 3rd defendant is the owner of and/or beneficiary of approximately 4400 hectares of land granted by the Government of Selangor for the development of Federal Administrative Centre at Putrajaya (Putrajaya Project). The development works were granted to the 2nd defendant. The 1st and 2nd defendants entered into a contract for the Putrajaya Project (main contract). The main contract was sub-contracted to the 1st plaintiff. By reason of the aforesaid, a privity of estate and/or covenants in equity exists between the 1st plaintiff and the 1st, 2nd and 3rd defendants whereby the land relating to Putrajaya Project is burdened and/or encumbered with. (ii) the 1st plaintiff had done all obligations under the sub-contract when the 1st defendant terminated and/or suspended the said sub-contract causing immense loss and damage to the plaintiffs. (iii) the 3rd defendant is named a

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