JUDGMENT

Atan Mustaffa Yussof Ahmad J:

(Enclosure 9)

Introduction

[1] Before the court is the Defendant's application dated 19 November 2024 in Enclosure 9 to strike out the Plaintiff's Writ dated 12 September 2024 and Statement of Claim dated 16 October 2024 pursuant to O 18 r 19(1)(d) of the Rules of 2012 on the ground that the Plaintiff's action constitutes an abuse of the court process.

[2] Having considered the submissions by both parties, I find that the Defendant's application has merit and is hereby allowed with costs for the reasons set out below.

Background Facts

[3] The Plaintiff, Khaleeg Marketing Sdn Bhd ("Khaieeg'), is a private limited company with its registered address at Level 5, Letter Box CP 5-01, Menara City One, No 3, Jalan Munshi Abdullah, 50100 Kuala Lumpur.

[4] The Defendant, Shaoxing County Baimei Trade Co, Ltd ("Shaoxing'), is a company established in China with its address at No 1501, 15th Floor, Zhonghai International Business Center, Diyang Road, Shaoxing, Zhenjiang Province, China.

[5] The genesis of the present dispute stems from an earlier suit between the same parties in Kuala Lumpur High court Civil Suit No: WA-22NCC-378-08/2020 ("Suit 378"). In Suit 378,