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1999 MarsdenLR 239

HIGH COURT MALAYA JOHOR BAHRU
PET FAR EASTERN (M) SDN BHD – Appellant
Versus
TAY YOUNG HUAT & ORS – Respondent


Petitioner Advocates:Clarence Edwin ,Respondent Advocate: Tan Choon Lim

JUDGMENT

Abdul Malik Ishak J:

Introduction

[1] This was an appeal in encl 80 against the decision of the senior assistant registrar ("SAR") dismissing the second defendant's (New Century Development (M) Sdn Bhd [Company No: 223293-V]'s) application in encl 64 to strike out the plaintiff's case under O 18 r 19 of the Rules of the High 1980 ("RHC") encl 64 was supported by an affidavit of the second defendant affirmed by Ng Eng Leng, a Singaporean, on 12 August 1998 and filed on 4 September 1998 as reflected in encl 63. The reply to encl 63 would be encl 73 which was the affidavit in reply of Hsueh Yong You, a manager of the plaintiff's company, that was affirmed on 15 October 1998. Hsueh Yong You too affirmed an affidavit in reply on 22 September 1998 which was filed on the same date as seen in encl 68. The second defendant also relied on the affidavits in encl 27 (affirmed by Ng Eng Leng, a director of the second defendant, on 28 July 1998 and filed on the next date) and encl 28 (affirmed by Ng Eng Leng on 28 July 1998 and filed on 29 July 1998). The plaintiff, on the other end of the scale, relied heavily on the affidavit in support in encl 4 that was affirmed by Hsueh Yong You on 2



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