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HIGH COURT MALAYA PENANG
S L NG TRADING AGENCY SDN BHD – Appellant
Versus
TOHTONKU SDN BHD – Respondent
| Table of Content |
|---|
| 1. introduction of the applications before the court. (Para 1 , 2) |
| 2. arguments regarding the applications to strike out and injunctions. (Para 3 , 4 , 20 , 21) |
| 3. facts regarding the master distributor agreement and breaches. (Para 5 , 6 , 10 , 12 , 13 , 16) |
| 4. legal principles regarding striking out claims. (Para 40 , 41 , 42) |
| 5. discussion on abuse of process and forum shopping. (Para 46 , 47 , 68) |
Introduction
[1] These three applications were heard together.
(i) Enclosure 9 dated 20 January 2025. This is the Plaintiff's ("P") application on an inter partes basis for an interim injunction ("inter partes injunction application"), pending the disposal of this suit ("PGHC suit"). Enclosure 9 is made under ss 50 and 51(1) of the Specific Reliefs Act 1950 and O 29 r 1 of the Rules of Court 2012.
(ii) Enclosure 17 dated 7 February 2025. This is the Defendant's ("D") application to strike out the PGHC suit ("striking out application"). Enclosure 17 is made under O 18 r 19(1)(d) of the Rules of Court 2012.
(iii) Enclosure 25 dated 14 February 2025. This is P's application to transfer the PGHC suit to the Kuala Lumpur High Court ("transfer application"),
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