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2020 MarsdenLR 2433

HIGH COURT MALAYA KUALA LUMPUR
STAMFORD COLLEGE BHD – Appellant
Versus
IRIS CORPORATION BERHAD – Respondent


Petitioner Advocates:Elaine Foong,Yvonne How ,Respondent Advocate: Chan Mun Fei

JUDGMENT

Anand Ponnudurai JC:

[1] The plaintiff had commenced this claim against the defendant whereby the plaintiff's cause of action is premised on alleged breaches by the defendant's of cls 7(a) and 7(b) of a Sale and Purchase Agreement entered into between the parties dated 4 October 2012.

[2] At the time of filing its statement of defence, the defendant had simultaneously filed an application vide encl 9 to strike out the plaintiff's entire claim pursuant to O 18 r 19 of the Rules of 2012. Upon parties filing several affidavits and written submissions in relation to the said application, and upon hearing counsel on the 27th February, I partially allowed encl 9 and struck out the part of the plaintiff's claim in relation to cl 7(a) in light of a previous consent judgment dated 12 May 2014 in a previous suit.

[3] I however did not strike out the plaintiff's claim in relation to cl 7(b) and proceeded to fix trial dates. However, the plaintiff has on 21 March 2020 filed a notice of appeal against my decision dated 27 February 2020 hence necessitating these grounds for my decision.

[4] I will firstly set out the plaintiff's claim in brief followed by the defendant's basis to strike out

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