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COURT OF APPEAL PUTRAJAYA
HARAPAN PERMAI SDN BHD – Appellant
Versus
SABAH FOREST INDUSTRIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. appeal and procedural history of the case (Para 1 , 2 , 3 , 32) |
| 2. factual background of the timber sale agreement (Para 4 , 5 , 6 , 7 , 8) |
| 3. argument about the illegality of timber transactions (Para 9 , 10 , 11 , 18) |
| 4. determining the applicability of o 18 r 19 (Para 12 , 14 , 15 , 19 , 21) |
| 5. cases involving the illegality of timber agreements (Para 22 , 23 , 24 , 29) |
Appeal
[1] On 17 May 1997, the respondent ("the defendant") applied to the learned registrar of the Kota Kinabalu High Court by way of summons in chambers under O 18 r 19(1)(a), (b) or (d) of the Rules of the High 1980 to strike out the appellant's ("the plaintiff's") writ of summons and statement of claim. The defendant's application was dismissed by the learned registrar.
[2] The respondent's ("the defendant's") appeal against the above decision was allowed by the learned judicial commissioner who then struck out the plaintiff's action.
[3] Being dissatisfied, the plaintiff appealed to this Court. We heard the appeal on 17 March 2010 and arrived at a majority decision. Low Hop Bing and Clement Allan Skinner JJCA concurred, while Mohd Hishamudin bin Mohd Yunus JCA dissente
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