KN Segara JCA

[1]The first plaintiff/respondent, Inokom Corp Sdn Bhd (‘Inokom’) and the second plaintiff/respondent, Quasar Carriage Sdn Bhd (‘Quasar’) issued a writ and statement of claim dated 24 June 2003 claiming damages against the first, second and third defendants/appellants, namely, Renault SA (‘Renault’), Tan Chong Motor Holdings Bhd (‘Tan Chong’) and TC Euro Cars Sdn Bhd (‘TC Euro’) for:

(a)Breach of contract as pleaded in paras 28 and 29 of the statement of claim;

(b)Breach of fiduciary duties as pleaded in paras 30(1) to 30(16) of the statement of claim;

(c)Fraudulent misrepresentation/deceit by Tan Chong to Inokom and Quasar to reject the investment for the Kangoo project as pleaded in paras 32(1) and (2) of the statement of claim;

(d)Renault conspiring with Tan Chong and TC Euro to injure Inokom and Quasar.

[2]By summons in chambers dated 30 July 2003 (encl 11) Renault applied to stay all proceedings in the suit pending reference of the disputes, which are the subject matter of the suit, to arbitration pursuant to s 6 of the Arbitration Act 1952 (‘1952 Act’). The learned High Court judge dismissed the application. Renault appealed and the appeal is registered as W-02–992 of