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2017 MarsdenLR 3035

COURT OF APPEAL PUTRAJAYA
MULPHA INTERNATIONAL BERHAD & ORS – Appellant
Versus
MULA HOLDINGS SDN BHD & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:Gopal Sreenevasan,Conrad Young,Mark Lau ,Respondent Advocate: PS Gill,Belinda Kaur

Table of Content
1. appeal consolidations are manageable and legally consistent. (Para 1 , 2 , 6)
2. striking out applications assert no reasonable cause of action. (Para 3 , 4 , 5)

[1] There were three appeals before us. They involved different appellants but the same respondents and were heard together. We shall refer to Appeal No: B-02(IM)(NCVC)-864-05-2016 as "the first appeal", Appeal No: B-02(IM) (NCVC)-867-05-2016 as "the second appeal" and Appeal No: B-02(IM) (NCVC)-975-05-2016 as "the third appeal".

[2] The issue common to all three appeals was whether the learned High Court Judge was right in dismissing the appellants' application to strike out the respondents' counterclaim under O 18 r 19 of the Rules of 2012 ("the Rules").

[3] The striking out application by the appellants in the first appeal was for the following orders:

"(1) those parts of the Amended Defence and Counterclaim dated 13 August 2015 of the plaintiffs (by counterclaim) as concern allegations premised on s 132G of the Companies Act 1965 , in particular paras 6 to 23, 61,62, 81,82, 85, 86(f) to (i) and 86(n), be struck out and the action in that regard be dismissed as against the 1st and/or 2nd and/or 4th defe

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