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1994 MarsdenLR 1526

DATO DR.ZAKARIA BIN MOHD YATI
KASSIM SULONG – Appellant
Versus
GUTHRIE ESTATES HOLDINGS LTD. – Respondent


Advocates:
For the applicants - Grace Lim Poh Geok; M/s. Rashid& Lee For the 1st, 8th and 9th respondents - James Puthucheary(N. Nadkarni with him); M/s. Skrine & Co. For the 2nd to 7th respondents - S. Woodhull (RobertLazar and K.I. Goh with him); M/s. Shearn Delamore& Co.

JUDGMENT

Dr. Zakaria bin Mohd Yatim J:

This is an application by the first, eighth and ninth Respondents (the applicants) for an order in terms of the following prayers:

(1) That paragraphs 16 - 18, 21 - 32, 34 - 35 and 37 - 41 of the affidavit of Lee Chan Wa affirmed on 21 February 1990 (the said affidavit) be struck out; (2) That all the exhibits to the said affidavit, save and except for ''LCW 2A-2-F" be struck out; (3) That the second to seventh respondents pay the costs of and incidental to the application.

The grounds of the application are that the said paragraphs and exhibits to the said affidavit are scandalous, irrelevant, inadmissible or otherwise oppressive. The application was made under O.41 r. 6 of the Rules of the High Court and under the inherent jurisdiction of the Court.

Before proceeding to submit on the paragraphs referred to in the application, Mr. James Puthucheary, Counsel for the applicants, referred to paragraph 4 of the said affidavit. Paragraph 4 states:

4. The matters deposed to herein are true to the best of my information knowledge and belief from all records made available to me and to transactions with which I have been personally and intimately

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