HIGH COURT MALAYA KUALA LUMPUR
TELITI DATACENTRES SDN BHD – Appellant
Versus
REGAL ORION SDN BHD (ENCL 58) – Respondent
| Table of Content |
|---|
| 1. details of the agreements and their prerequisites. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. plaintiff's arguments challenging the striking-out application. (Para 10 , 11 , 19) |
| 3. court's analysis of plaintiff's claims based on void agreements. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. consequences of agreements declared void and enforceability of related claims. (Para 18 , 21 , 22 , 23 , 24 , 25 , 26) |
Introduction
[1] This is the defendant's application to strike out the plaintiffs Writ of Summons and Statement of Claim pursuant to O 18 r 19(1)(a), (b), (c) and/or (d) of the Rules of Court 2012 and/or the inherent jurisdiction of this Court.
[2] The defendant sought to strike out the plaintiff's claim on the grounds that it discloses no reasonable cause of action, is frivolous and vexatious, and constitutes an abuse of the Court process. These grounds were advanced in light of this Court's earlier decision in April 2024 which declared the underlying agreements between the parties to be void and unenforceable.
[3] After perusing the application and the affidavits and considering the submissions of both parties, I allowed the defendant's application with co
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