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2025 MarsdenLR 3857

HIGH COURT MALAYA KUALA LUMPUR
CHAN MUI CHOY & ORS – Appellant
Versus
BILLION CENTURY PREMIER SDN BHD – Respondent


Petitioner Advocates:Navinjit Singh Golen ,Respondent Advocate: Au Yong Wai Nyan,Ang Jie Yi

JUDGMENT

Aliza Sulaiman J:

(Encl 5)

[1] Two applications were heard by the court, namely:

(a) the application by the defendant in Encl 30 to strike out the Writ of Summons and Statement of Claim ('SoC') dated 2 February 2024 pursuant to O 18, r 19(1) of the Rules of 2012 ('RC 2012'); and

(b) the application by the plaintiffs in Encl 5 for an order pursuant to s 50 of the Specific Relief Act 1950 [Act 137] ('SRA 1950') and O 29, r 1 and O 92, r 4 of the RC 2012 for an interlocutory injunction to restrain the defendant, either by themselves and/ or their representatives from:

(i) destructing or demolishing a single storey building and its ancillary facilities, including, but not limited to, a swimming pool and other facilities ('Properties') which were erected on the land held under Geran Mukim Lot 37217, Mukim Petaling, Daerah Kuala Lumpur ('Land');

(ii) closing, blocking or doing any act to cause the Plaintiffs not to have access to the Properties;

(iii) making any threat to the Plaintiffs, in whatever form or manner, regarding the demolition of the Properties; and

(iv) implementing, carrying out or commencing the project or taking any action which is a condition for the commencement of th


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