JUDGMENT

Ahmad ShahrirMohd Salleh J:

(Withdrawal Of Action With Liberty To File Afresh)

Introduction

[1] This is the plaintiff's application to withdraw the suit with liberty to file afresh pursuant to O 21 r 3 of the Rules of 2012. The application was made orally following this Court 's decision on 23 June 2025 whereby the plaintiff's application for an inter partes injunction was dismissed and the defendants' application to set aside the ex parte injunction was allowed. Both decisions were made mainly on the ground that the plaintiff lacked locus standi to maintain the proceedings.

[2] The defendants oppose the grant of liberty to file afresh. The defendants contend that the proceedings have reached an advanced stage, that they have gained procedural advantages which would be lost, and that the plaintiff should not be allowed to withdraw after having subjected them to protracted litigation.

[3] Having heard the submissions of both parties, I allow the plaintiff's application to withdraw the suit with liberty to file afresh for the reasons set out below.

Background

[4] The plaintiff commenced this suit against the defendants in respect of a contract between the 2nd Defendant with PMX Ma