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HIGH COURT MALAYA KUALA LUMPUR
SPADE CAPITAL SDN BHD – Appellant
Versus
PARAGRENE LAND BERHAD & ORS (ENCL 20) – Respondent
| Date | Event | Reference(s) |
|---|---|---|
| 7 February 2024 | Writ and statement of claim filed | (!) [3] |
| 29 February 2024 | Defendants' defence filed | (!) |
| 13 March 2024 | Plaintiff's amended statement of claim filed | (!) |
| 22 March 2024 | Defendants objected to amended statement of claim | (!) |
| 18 September 2024 | Court disallowed the amended statement of claim | (!) (!) (!) |
| 25 September 2024 | Plaintiff filed application to withdraw claim with liberty to file afresh | (!) |
| 17 October 2024 | Plaintiff appealed the disallowance of amended statement of claim | (!) |
| 13 May 2025 | Court allowed withdrawal with liberty to refile, subject to costs | [1] (!) (!) (!) |
| Table of Content |
|---|
| 1. plaintiff's withdrawal claim procedure and conditions (Para 1 , 3) |
| 2. defendants' objections to the withdrawal application (Para 4) |
| 3. guidelines on withdrawal of suit applications (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court’s decision factors for allowing withdrawal (Para 12 , 13 , 14) |
| 5. final orders regarding withdrawal and costs (Para 15 , 16) |
(Enclosure 20)
A. Introduction
[1] The Plaintiff seeks to withdraw this claim with liberty to file afresh in accordance with O 21 r 3 of the Rules of Court .
[2] After considering the chronology of this case and the fact that the case has not been set down for trial and the merits have not been considered by this Court, I find that the Plaintiff should be allowed to withdraw this claim subject to payment of costs to the Defendants and that it should be given liberty to refile the claim if it wishes to do so. Costs as ordered by this Court must be paid in full to the Defendants before any new suit could be filed by the Plaintiff.
B. Chronology
[3] I lay down the important chronology of events concerning the progress of this file before this Court:
(i) The Plaintiff files its Writ of Summons and Statement
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