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COURT OF APPEAL PUTRAJAYA
NEWLAKE DEVELOPMENT SDN BHD – Appellant
Versus
ZENITH DELIGHT SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. appeal regarding the striking out of a suit. (Para 1) |
| 2. background and basis for plaintiff's claim (Para 4 , 5 , 6 , 7 , 8) |
| 3. plaintiff's arguments against discontinuance (Para 10 , 11 , 12 , 13 , 14) |
| 4. discussion on the requirements for withdrawal of a suit. (Para 18) |
| 5. legal framework and powers regarding discontinuance (Para 21 , 22 , 23 , 24 , 25) |
| 6. rationale for allowing withdrawal with liberty. (Para 28 , 36 , 42 , 53) |
| 7. considerations determining the advanced stage of trial (Para 31 , 32 , 33 , 34 , 35) |
| 8. court's final decision favoring the plaintiff (Para 55 , 56 , 57) |
[1] This is an appeal by the appellant (the plaintiff in the High Court) against the order made by the learned Judicial Commissioner (JC) of the High Court in striking out suit 22NCVC-279-2014 ("Suit") with no liberty to file afresh.
[2] After hearing submission from the counsel and perusing through the Appeal Records, unanimously, we are of the view that there are merits in the appeal. We therefore allowed the appeal, set aside the order of the learned JC and remitted the Suit back to the High Court for the same to proceed with further case management in preparation for full trial.
[3] Herein
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