HIGH COURT MALAYA KUALA LUMPUR
IOUPAY LIMITED & ORS – Appellant
Versus
KUAN CHOON HSUING & ORS – Respondent
| Table of Content |
|---|
| 1. application context and key issues identified. (Para 1 , 4 , 8) |
| 2. background facts about parties and transactions. (Para 2 , 3 , 5 , 6) |
| 3. arguments on the inclusion of new allegations. (Para 10 , 11 , 12) |
| 4. analysis of pleading rules and relevant case law. (Para 14 , 15 , 27) |
[1] Before the court is an application to strike out certain paragraphs from the Plaintiffs' Reply to Defence, which contain extensive allegations regarding purported fraudulent transactions not mentioned in the Amended Statement of Claim. The key issue is whether these paragraphs improperly expand the scope of the original pleading and should be struck out under O 18 r 19(1) of the Rules of court 2012 for being scandalous, frivolous or vexatious, likely to prejudice or delay fair trial, and/or an abuse of process. The application arises in the context of a wider commercial dispute where the Plaintiffs allege breach of duties and fraudulent conduct by former directors and officers of their companies, with the impugned paragraphs introducing detailed particulars of additional transactions that the applicant contends should have been pleaded in the Statement of Clai
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