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COURT OF APPEAL PUTRAJAYA
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD – Appellant
Versus
BLACKROCK CORPORATION SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. an entity's ability to sue is contingent upon whether it has the required capacity at the time of filing. (Para 1 , 13 , 35) |
| 2. appeal against high court dismissal of application. (Para 2) |
| 3. defendant's grounds for striking out based on capacity. (Para 14) |
| 4. legal action initiated by a wound-up company without liquidator approval is invalid. (Para 15 , 21) |
| 5. plaintiff's counterarguments to capacity claims. (Para 18 , 19 , 20) |
| 6. res judicata applies, barring further claims on matters already adjudicated. (Para 34) |
[1] This is an appeal by the defendant, who is the appellant here, against the decision of the learned High Court Judge who had dismissed the notice of application by the defendant to strike out the plaintiffs' (who are the respondents here) Writ and Statement of Claim dated 15 April 2015 pursuant to O 18 r 19(1)(b), (c) and /or (d) of the Rules of 2012.
Parties will be referred to, as they were in the Court below.
[2] After hearing submissions from both parties we allowed the appeal with costs. Herein below are our grounds.
Background
[3] The 1st plaintiff was appointed as the main contractor for Pembinaan BLT Sdn Bhd for the construction and completion of a
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