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1997 MarsdenLR 2321

RAHMAH HUSSAIN
DATO V KANAGALINGAM – Appellant
Versus
TOMMY THOMAS – Respondent


Advocates:
V Sivaparanjothi (Peter Raj with him) (V Siva & Partners) for the plaintiff.
Raja Aziz Addruse (Karpal Singh and Darryl Goon with him) (Raja Darryl & Loh, Shearn Delamore & Co and Zainur Zakaria & Co) for the defendant.

JUDGMENTBY: RAHMAH HUSSAIN J

This is an appeal against the senior assistant registrars (the SAR) decision in allowing the defendants application to strike out the words amounting to RM30m (encl 23) appearing in paras 1 and 2 of the indorsement on the writ of summons and para 14(1) and (2) in the statement of claim. The defendants in Civil Suit No S4-23-44-96 are also seeking to strike out the words amounting to RM15m appearing in paras A(1), (2), B(1) and (2) of the indorsement on the writ of summons and paras 15(1) and (2) of the statement of claim (encl (7)).

Both applications for striking out were made under the provisions of O 18 r 19(1)(b) and (c) of the Rules of High Court 1980 (the RHC), vis-a-vis:

(1) that the said words are scandalous, frivolous and/or vexatious; or

(2) it may prejudice, embarrass or delay the fair trial of the action.

The defendants raised a preliminary issue before the SAR that this court had decided in the earlier case of Sri Kuala Lumpur v Dian Lai (S4-23-113 of 1996, unreported) ( Sri Kuala Lumpur s case) to the effect that general damages should not be quantified.

The defendants main contention was that the amount of damages as stated in the

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