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HIGH COURT MALAYA KUALA LUMPUR
SS MOTOR CENTURY SDN BHD – Appellant
Versus
WAWASAN SINAR GEMILANG SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. factual background of the parties (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. defendants' arguments against liability (Para 14 , 15) |
| 3. court's reasoning on summary striking out (Para 16 , 17 , 18) |
| 4. vicarious liability analysis (Para 19 , 20 , 21 , 22) |
| 5. conclusion and order by the court (Para 24) |
[1] This was an application by the 4th Defendant ('D4') and 5th Defendant ('D5') to strike out the Plaintiff's Writ and Statement of Claim ('SoC') dated 15 November 2023 pursuant to limbs (a) to (d) of O 18, r 19(1) of the Rules of Court 2012 ('RC 2012').
[2] The Plaintiff is a company incorporated under the Companies Act 1965 with its registered address at No 4-1, Suite 2, Bangunan Simvest, Jalan Seri Bintang 4 (7/36), Bukit Sri Bintang, 52100 Kuala Lumpur and business address at 6, Jalan Metro Perdana Barat 11, Taman Perindustrian Sri Edaran, 52100 Kuala Lumpur ('Plaintiff's Factory'). The Plaintiff is in the business of wholesaling and trading of motorcycle spare parts.
[3] The 1st Defendant ('D1') is also a company incorporated under the Companies Act 1965 with its registered address at No 19 (Suite A), Jalan Forest Heights 8, Forest Heights
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