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2025 MarsdenLR 502105

HIGH COURT (KUALA LUMPUR)
ONG CHEE KWAN, J
Q & M Dental Group (M) Sdn Bhd – Appellant
Versus
Tye Chee Wah & Ors – Respondent


Advocates:
SM Shanmugam (with Calvin Hooi Chung Wai and Hafiiz Rashid (PDK)) (Shan Chambers) for the plaintiff.
Michael Chow (with Goh Keng Tat and Elisa Oyenz Jeson) (Goh Keng Tat & Co) for the defendant.

Ong Chee Kwan J:

JUDGMENT

Introduction

[1]On 14.10.2021, the Plaintiff, Q & M Dental Group (Malaysia) Sdn Bhd (“Q&M”), referred their disputes with the Defendants for arbitration (“Arbitration”) to the Singapore International Arbitration Centre (“SIAC”) and a final award was made by the Arbitrator in favour of Q&M on 21.6.2024 (“Final Award”).

[2]Enclosure 1 is the Originating Summons (ex-parte) filed by the Plaintiff for the recognition and enforcement of the Final Award (“OS”) which Court allowed on 27.8.2024 ordering that the Final Award be recognised as binding and a judgment be entered in terms of the Final Award (“Ex-Parte Order”).

[3]Enclosure 10 is the Notice of Application filed by the 1st, 2nd and 4th Defendants to set aside the Ex-Parte Order (“Setting Aside Application”) on the grounds that the Final Award is said to be in conflict with the public policy of Malaysia and was not enforceable as at the date of the Ex-Parte Order.

[4]After hearing oral submissions from counsel, I dismissed the Setting Aside Application with costs on 11.12.2024.

Background Facts

[5]Prior to 11.3.2013, 1st, 2nd and the 3rd Defendants owned the subject company known as AR Dental Supplies Sdn Bhd (“AR

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