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2009 MarsdenLR 1787

COURT OF APPEAL PUTRAJAYA
SIM KOOI SOON – Appellant
Versus
MALAYSIA AIRLINES SYSTEM – Respondent


JUDGMENT

Abdul Malik Ishak JCA:

[1] By way of a notice of motion dated 12 May 2009 as seen in encl. 134a, the applicant seeks an order that all the previous orders of this court be deemed "irregular" and be "set aside" The application is supported by an affidavit of the applicant affirmed on 12 May 2009 together with an additional affidavit that was affirmed on 6 July 2009 followed by another affidavit that was affirmed by the applicant on 21 August 2009.

[2] In response thereto, the respondent filed an affidavit in reply through Puan Ina Anzalna Shamsuddin that was affirmed on 7 July 2009.

[3] We have perused through all the affidavits as alluded to above with a fine tooth comb and we must categorically say that the application in encl. 134a is wrong in law and is an abuse of the process of the court and must be struck out in limine . Baseless and unsubstantiated allegations were advanced in the applicant's affidavits in an attempt to justify the orders sought for in encl. 134a.

[4] We take note that the background facts to this application are quite chequered. The applicant had on eight previous occasions filed eight separate applications to review the decision of the court of Appeal

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