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HIGH COURT MALAYA KUALA LUMPUR
KERJAYA PROSPEK (M) SDN BHD – Appellant
Versus
BCM HOLDINGS SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of parties and third-party notice (Para 1 , 2 , 3) |
| 2. legal framework for third-party proceedings (Para 4 , 5) |
| 3. arguments against third-party proceedings (Para 6 , 16) |
| 4. analysis of claims and subject matter (Para 8 , 9 , 19 , 20) |
| 5. ratio for setting aside third-party proceedings (Para 22 , 24 , 25) |
| 6. conclusion and orders issued (Para 31 , 32) |
[Applications To Set Aside Third-Party Proceedings]
Introduction
[1] After Kerjaya Prospek Sdn Sdn Bhd ("Kerjaya Prospek") filed this action against BCM Holdings Sdn Bhd ("BCM"), BCM then filed a defence and counterclaim against Kerjaya Prospek, Tiong Kwing Hee ("Tiong") and Tan You Tiong ("Tan").
[2] In addition to defending himself against BCM's counterclaim, Tiong also filed third party proceedings against Teoh Seng Kian ("TSK"), Teoh Seng Aun ("TSA") and Aviscon Property Management Sdn Bhd ("Aviscon"). All three of them then filed applications in Enel. 22 (encl 22) and 39 ("Enclosure 39") ("collectively, Setting Aside Applications") to set aside Tiong's third party proceedings against them.
[3] This Judgment is on the Setting Aside Applications.
Third Part Proceedings Under The Rules Of Court 2012 (
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