[1] On 27/1/10 the Plaintiff filed this action against the 1^st Defendant, Ho Hup Construction Company Bhd (Ho Hup) and 28 others. In it the Plaintiff sought to secure the compliance by the Defendants with the Malaysian Code on Take-Overs and Mergers 1998 (the Code) and the Securities Commission Act 1993 . (the SCA ). In particular the Plaintiff sought inter alia, the following reliefs:

a) A declaration that the 2^nd to 29^th Defendants are parties acting in concert in the acquisition of control of Ho Hup.

b) A declaration that the 2^nd to 29^th Defendants have breached the Code and the SCA in failing to make a mandatory general offer for the shares of Ho Hup.

c) An order directing the 2^nd to 29^th Defendants or one or more of them to make a mandatory general offer for the shares in Ho Hup in accordance with the provisions of the Code and/or the SCA .

d) Special and/or general damages and/or equitable compensation.

e) Damages at common law for conspiracy to injure.

f) Punitive damages and

g) Costs.

[2] Pending trial in this case investigations were commenced by Suruhanjaya Syarikat Malaysia (the SSM) into complaints made against the 2^nd, 3^rd and 5^th Defendants for alleged offences under ss 69E a