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HIGH COURT SABAH & SARAWAK KUCHING
THEN FOOK KIONG & ANOR – Appellant
Versus
PARAGON CONCRETE SDN BHD – Respondent
| Table of Content |
|---|
| 1. introduction and procedural background (Para 1 , 2 , 3 , 4) |
| 2. respondent's preliminary objections (Para 5 , 6 , 7) |
| 3. appellants' grounds for setting aside judgment (Para 12 , 13 , 14 , 16) |
| 4. respondent's defense against limitation claims (Para 18 , 19 , 20 , 21 , 22) |
| 5. court's observations on the appellants' actions (Para 31 , 32 , 34 , 35 , 36 , 38) |
| 6. judgment on the merits and overall conclusion (Para 39 , 40 , 41 , 44 , 45) |
| 7. criteria for setting aside regular judgments (Para 46 , 47 , 48) |
Introduction
[1] This is my grounds in dismissing the appeal by both Appellants (Defendants in the Sessions Court), Then Fook Kiong and Then Tai Hsin (both sued as a Co-Proprietor and Guarantors) trading under the name and style of HONGHUA L.F. BUILDERS ENTERPRISE [BNR No 105153] against the decision of the learned Sessions Court Judge, a decision other than a decision made after trial (Order 55 r 5 of Rules of Court 2012).
Brief Background Fact
[2] Based on the parties' submission, the brief background of facts are as follows:
(a) On 19 August 2021, the Respondent's Writ [Enclosure No 1] and Statement of Claim [Enclosure No 2] were filed in Court under t
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