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1994 MarsdenLR 4

HIGH COURT MALAYA, JOHOR BAHRU
CHI LIUNG HOLDINGS SDN. BHD. – Appellant
Versus
NG PYAK YEOW – Respondent


JUDGMENT

Haidar bin Mohd.Noor J:

In this originating motion, Chi Liung Holdings Sdn. Bhd., applicant/landlord prays for an order that -

(a) The respondent/liquidator, Ng Pyak Yeow do pay the applicant/landlord, the sum of RM339,000 being the outstanding arrears of rental due to the applicant;

(b) Interest at 8% per annum from the date of default to date of realisation;

(c) Costs.

It is supported by the affidavit of Tan Sing Chai the applicant's company secretary.This originating motion was filled on 16 August 1993.

Ng Pyak Yeow, the liquidator was appointed for Rich's Supercentre Sdn. Bhd. (formerly know as G.W. - Rich's Supercentre Sdn. Bhd.) (in liquidation) which was wound up on 7 December 1989 (see exhibit TSC-4 in encl. 3).

Background facts

Rich's Supercentre Sdn. Bhd. ("the company") rented the premises described as Nos, 1-21, Jalan Temoh, 41400 Klang, Selangor Darul Ehsan ("the premises") from the applicant at the rate of RM30,000 per month and car park at the rate of RM3,000 per month. A tenancy agreement was executed between the parties on 17 November 1978 for a term of three years (see exhibit TSC-1). Under clause 3.03 the company deposited three (3) months rental of RM90,

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