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2008 MarsdenLR 374

HIGH COURT MIRI
PERKASA PADU SDN BHD – Appellant
Versus
RAYONG NUING & ORS – Respondent


JUDGMENT

Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiffs' claim for declarations and injunctive relief (anti-suit injunction) against the defendants to restrain them from prosecuting their USA suit and/or further to instruct their attorneys in the USA in proceedings with or continue to prosecute their USA suit. There are also prayers for general and special damages, interests, costs etc. The claim of the plaintiffs are primarily based on an allegation of employment contract which the defendants' dispute.

[2] At the commencement of the hearing, parties have agreed that the case can be heard by way of: (i) witness statement for examination in chief; (ii) preliminary cross-examination witness statement, with full liberty to further cross-examine orally (for purposes of cross-examination); (iii) preliminary re-examination statement with full liberty to further re-examination if there is further oral examination. The court is extremely grateful to the parties for agreeing to such a mode as the preliminary cross-examination witness statement will save much of the court's time to deal with peripheral matters and for all practical purposes, preliminary cross-e

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