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2020 MarsdenLR 323

HIGH COURT MALAYA KUALA LUMPUR
INNOSEVEN SDN BHD – Appellant
Versus
BIAXIS (M) SDN BHD (ENCL 71) – Respondent


Petitioner Advocates:Selva Kumaran ,Respondent Advocate: Wong Hai Wai

JUDGMENT

Aliza Sulaiman JC:

[1] After a full trial, the High Court on 30 September 2019 had dismissed the Plaintiff's claim for the sum of RM2,579,582.72 with interest and costs, and allowed the Defendant's counterclaim in the sum of RM1,885,899.44 together with the interest at the rate of 5% per annum on the judgement sum from 30 September 2019 until full settlement, costs of RM40,000.00 and allocatur fees of RM1,600.00 ('said Judgment'). Aggrieved with the said Judgment, the Plaintiff filed a Notice of Appeal on 15 October 2019.

[2] On 16 October 2019, the Plaintiff filed an application to stay the execution of the said Judgment, including winding-up proceedings against the Plaintiff, pending the disposal of its appeal at the Court of Appeal pursuant to O 45 r 11 and O 92 r 4 of the Rules of 2012 ('ROC 2012').

[3] The Plaintiff's Notice of Application ('NoA') dated 16 October 2019 (Enclosure 71) was filed together with an Affidavit in Support ('AIS') of even date (Enclosure 72). The Defendant filed its Affidavit in Reply ('AIR') dated 29 October 2019 (Enclosure 73), which the Plaintiff duly replied vide its AIR dated 11 November 2019 (Enclosure 75).

[4] On 16 January 2020, I dismisse


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