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HIGH COURT (MIRI)
LEE HENG CHEONG, J
Messrs Tai Choi Yu & Co Advocates – Appellant
Versus
The Court of Appeal & Ors – Respondent


Advocates:
Tai Choi Yu for the plaintiff.
Shamsul Bolhassan (SFC) for the defendants.

Table of Content
1. application for order against representation by attorney-general (Para 1 , 2)
2. plaintiff’s claims arising from previous litigation (Para 3 , 4 , 5 , 6)
3. plaintiff's contention regarding defendants' representation (Para 8)
4. evaluation of affidavit evidence and admissions (Para 9 , 11 , 12)

[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 cognizance of the Public Services Commission

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