HIGH COURT (MIRI)
LEE HENG CHEONG, J
Messrs Tai Choi Yu & Co – Appellant
Versus
The Court of Appeal & Ors – Respondent
| Table of Content |
|---|
| 1. plaintiff's application details against defendants. (Para 1 , 2) |
| 2. background of plaintiff's claims and previous suits. (Para 3 , 4 , 5 , 6 , 7) |
| 3. plaintiff's assertion of defendants' admissions. (Para 8) |
| 4. principles governing evaluation of affidavit evidence. (Para 9 , 11 , 12) |
GROUNDS OF ECISION
[In respect of Enclosure 6]
INTRODUCTION
[1]Enclosure 6 is an application by the Plaintiff for an order that the Defendants’ Memorandum of Appearance filed by the Federal Attorney-General’s Chambers be set aside and/or struck off or that the purported representation of the Defendants by the Federal Attorney-General’s Chambers be struck out or deleted under Order 18 Rule 19 Rules of Court 2012 [“ ROC 2012”]
[2]The grounds of the above Notice of Application are :
[i]That the 1st Defendant is an independent arm established under the constitution on the principle of separation of powers of [1] the legislative, [2] the judiciary and [3] the executive and therefore the representation by the Federal Attorney-General’s Chambers is unlawful, illegal and unconstitutional;
[ii]That the 2nd and 3rd Defendants are not public servants or public employees and they do not come under the c
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