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ZALEHA ZAHARI
UNITED MALAYAN FINANCE BERHAD – Appellant
Versus
CHEUNG KONG PLANTATIONS SDN BHD – Respondent
| Table of Content |
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| 1. rationale behind refusal of stay based on failure to justify delay. (Para 5 , 6) |
| 2. submission of defendant's assertion for injustice. (Para 7 , 8) |
| 3. court's comprehensive considerations on delay and bona fides. (Para 9 , 10) |
| 4. outcome of application leading to dismissal. (Para 11) |
By Summons-in-Chambers filed on 12.5.97 (Enclosure (59) Cheung Kong Plantations Sdn Bhd (?the Defendant?) seeks an order to stay all pending proceedings in this Originating Summons until disposal of lpoh High Court Civil Suit No. 22-54-97 which suit has since been transferred to the Penang High Court vide Court order issued on 12.5.97. Further and in the alternative, for an order that all pending proceedings be stayed pending further directions of this Court. The basis held out by the Defendant of this application is that the Plaintiff and the Defendant had entered into a Settlement or Compromise Agreement inclusive of the subject matter of this Originating Summons.
BACKGROUND
The background facts as disclosed by the affidavit of Tan Chong Keat affirmed on 12.5.97 [Enclosure (58)], as well as the Court records may briefly be summarized as follows -
(a) The Plaintiffs fil
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