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2022 MarsdenLR 81

COURT OF APPEAL PUTRAJAYA
WONG KIEN YIP & ANOR – Appellant
Versus
BYARD SPIRAL MILL SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Ranjit Singh,Conrad Young,Simon Hong ,Respondent Advocate: Wilson Lim Mao Shen,Huam Wan Ying

JUDGMENT

Darryl Goon Siew Chye JCA:

[1] These are two appeals before this Court, lodged by the two appellants who were the plaintiffs in the Originating Summons filed.

[2] The Originating Summons dated 18 February 2019 was commenced by the appellants against three respondents as defendants, namely the 1st defendant, Ting Chew Thai ('1st respondent'), the 2nd defendant, Goh Sew Hua (f) ('2nd respondent') and the 3rd defendant, Byard Spiral Mill Sdn Bhd ('Company').

[3] By way of a Notice of Application dated 30 December 2019 (Enclosure 8), the 1st and 2nd Respondents applied to strike out the Originating Summons pursuant to O 18 r 19(1)(a), (b) and/or (d) of the Rules of 2012 and/or the inherent jurisdiction of the Court.

[4] By way of a Notice of Application dated 6 January 2020 (encl 11) a similar application was made by the Company to strike out the Originating Summons pursuant to O 18 r 19(1)(a), (b) and/or (d) of the Rules of and/or the inherent jurisdiction of the Court.

[5] Both these applications were heard at the same time and on 4 June 2020, both the applications were allowed by the High Court. The Originating Summons was struck out. Hence the two appeals by the appellants aga

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