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2025 MarsdenLR 4683

HIGH COURT MALAYA JOHOR BAHRU
DESLEY TNG ZE HOW – Appellant
Versus
AIA BHD & ANOR – Respondent


Petitioner Advocates:Lim Pang Kiat ,Respondent Advocate: Siva Kumar Kanagasabai,Latifa Haiqa Yusoff,Omar Qayyum Hamdan

JUDGMENT

Nurulhuda Nur'aini Mohamad Nor J:

(Enclosures 47 & 82)

[1] Enclosure 82 is pertaining to an application by the defendants via their letter dated 11 April 2025 in this suit not to pursue their defence and counterclaim filed earlier in encl 12.

[2] The counterclaim is contained in the Amended Statement of Defence and Counterclaim (hereafter referred to as "ASDCC"), filed by the defendants on 12 September 2024 in this suit. It was amended by virtue of O 20 r 3(1) of the Rules of 2012.

[3] The application was objected to by the plaintiff via a letter dated 15 April 2025 (encl 83) as an application to strike out the said ASDCC was filed earlier by the plaintiff on 25 September 2024 via encl 13. Submissions were equally filed by the plaintiff and similarly, by the defendants not long after.

[4] A subsequent application for discovery by the plaintiff was also filed on 11 March 2025 but followed with the defendants' affidavit to contest the said application. Submissions were then filed by both parties. Lastly was the application via encl 47 by the defendants to consolidate this suit and suit JA-22NCC-46-07/2024 ("Suit 46")[Gow Jia Le v. Aia Bhd] and for these suits to be transferred to


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