LOW HOP BING
KANTAN JAYA MARINE SERVICES (PG) SDN BHD – Appellant
Versus
RHB BANK BHD – Respondent
Low Hop Bing J:
Appeal
This is an appeal by the appellant ("the plaintiff") in encl. 32 against the decisions of the learned senior assistant registrar who had on 25 September 1999 allowed the respondent's ("the defendant's") applications made in:
(1) Summons-in-chambers, encl. (5), by expunging certain parts of para. 13 of the plaintiff's statement of claim ("the impugned paragraph"); and
(2) Summons-in-chambers, encl. (17), by expunging paras. 15 to 17 of and exh. "TPK-5" annexed to the affidavit of Tan Pay Kong affirmed on 16 November 1998 in encl. (6) filed on behalf of the plaintiff. (Paragraphs 15 to 17 are collectively referred to as "the impugned affidavit")
Plaintiff's Claim
For the purposes of this judgment, it is necessary to put the plaintiff's claim in a proper perspective. The plaintiff's claim against the defendant is based on negligence allegedly occasioned by the defendant in failing to transmit by way of telegraphic transfer a sum of S$730,000 ("the fund") in time to a Singaporean bank, United Oversea Bank ("UOB"). The plaintiff alleges that it had on 31 December 1997 applied through the defendant's Port Klang branch to remit the fund to UOB by way of tel
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