HIGH COURT MALAYA KUALA LUMPUR
EMAS KIARA SDN BHD – Appellant
Versus
MICHAEL JOSEPH MONTEIRO & ORS – Respondent
| Table of Content |
|---|
| 1. nature of the claim regarding contract enforcement. (Para 1 , 2 , 3 , 10) |
| 2. issues related to conspiracy and abuse of process. (Para 19 , 34 , 43 , 68) |
| 3. determining agency of receivers and duty of care. (Para 22 , 41 , 75) |
| 4. final conclusion on dismissal. (Para 74 , 77) |
Introduction
[1] This is a written judgment delivered in an application by the defendants to strike out the claim of the plaintiff.
[2] In order to contextualise the nature of the claim, it will be necessary to recite the brief facts of this case. The background facts, in so far as they are material to this application are set out below, which I have adapted from the submissions of counsel to whom I am grateful.
Background
[3] The plaintiff claims that there exists a concluded contract for the purchase of land and properties in Lembah Beringin entered into between the plaintiff on one hand as purchaser, and the 1st , 2nd and 3rd defendants on the other. The 1st and 2nd defendants are receivers and managers of the 3rd defendant, Lembah Beringin Sdn Bhd (referred to in this judgment as the company), who were appointed by the 12th defendant, RHB Bank Berhad (RHB) as a debenture hol
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