Hamid Sultan JC::
[1] This is my judgment in respect of the appellants/plaintiffs’ appeal against the decision of the learned deputy registrar who allowed the respondent/third defendant’s application to strike out the statement of claim.
[2] The appellants say their cause of action is based on the following: (i) the third defendant is the owner of and/or beneficiary of approximately 4400 hectares of land granted by the Government of Selangor for the development of Federal Administrative Centre at Putrajaya (‘Putrajaya project’). The development works were granted to the second defendant. The first and second defendants entered into a contract for the Putrajaya project (‘main contract’). The main contract was subcontracted to the first plaintiff. By reason of the aforesaid, a privity of estate and/or covenants in equity exist between the first plaintiff and the first, second and third defendants whereby the land relating to Putrajaya project is burdened and/or encumbered with; (ii) the first plaintiff had done all obligations under the subcontract when the first defendant terminated and/or suspended the said subcontract causing immense loss and damage to the plaintiffs; (iii)
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