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2005 MarsdenLR 1646

HIGH COURT MALAYA, MELAKA
LIM JIT KIM & ORS – Appellant
Versus
GOH SIEW KOON & ORS – Respondent


JUDGMENT

Low Hop Bing J:

Application

This is the 7th respondent's application by way of notice of motion in encl. (28) for an order that:

1. the petitioners ' request to withdraw this petition ("the withdrawal") be set aside;

2. in the alternative, the withdrawal be varied to include the following terms:

(a) that the petitioners should not re-file any petition based on the same or similar facts as the present petition;

(b) that the petitioners should not raise, in any other legal suit or proceedings, the same or similar facts as set out in the present petition;

(c) that the petitioners should pay the costs of the petition and of all applications filed by the party in the present petition on a solicitOrs and own client basis;

(d) that the proceedings in the Companies (Winding-Up) Petition No MT1-28-23-2004 ("the second petition") be stayed:

(i) until the costs in para (c) above had been taxed and fully paid by the petitioners to the 7th respondent; and

(ii) until the final disposal of the respondents' action for damages provided that the action for damages is filed within six months from the date of this order; and

(e) such other order as this court deems fit.

Factual Background

The affidavit in

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