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1998 MarsdenLR 2263

KAMALANATHAN RATNAM
SOH CHUN SENG – Appellant
Versus
CTOS-EMR SDN BHD – Respondent


Advocates:
Mr. Leonard Yeoh for appellant/plaintiff.
(Messrs Soo Thien Ming & Nashrah)
Mr. Chew Chang Min with Mr. Wong Hok Chong for respondent/defendant.
(Messrs Liza Chan & Co)

JUDGMENT

FACTS

This is an appeal against the decision of the learned Deputy Registrar given on 4.3.98 wherein she allowed the defendant's application to strike out the plaintiff's statement of claim under O 18 r 19 of the Rules of the High Court (the RHC).

The plaintiff is a businessman and is a director of a group of companies called Audio One Group of Companies. The defendant was at all material times involved in providing services by way of information on the credit worthiness of individuals or companies upon request of its clients. The defendant gathers these information after collating and compiling them from public records such as government gazettes, newspapers and data from searches conducted at the Registry of Business and Companies and the Courts.

The plaintiff had applied to Citibank for the use of credit card facilities on or about December 1993 but the request was turned down by Citibank. The defendant's company, Audio One Entertainment Sdn Bhd (Audio One), applied for hire purchase facilities from Hong Leong Finance Bhd on or before December 1996. This too was rejected.

CASE FOR THE PLAINTIFF

The plaintiff contends that at the request of its client dated 29.4.97 the d

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