COURT OF APPEAL PUTRAJAYA
MULPHA INTERNATIONAL BERHAD & ORS – Appellant
Versus
MULA HOLDINGS SDN BHD & ORS AND OTHER APPEALS – Respondent
| 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.