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2010 MarsdenLR 3154

HIGH COURT, KUALA LUMPUR
ASEAMBANKERS MALAYSIA BERHAD & ORS – Appellant
Versus
GULA PERAK BERHAD & ANOR – Respondent


This is my JUDGMENT in respect of the plaintiffs' claim based on a supplemental agreement against the 1st defendant and against the 2nd defendant as guarantor. And, the counterclaim of the defendants. The defendants have informed the court that they are disputing liability and not the quantum. Defendants are proceeding with the counterclaim save that the 2nd defendant has informed court that they are withdrawing the claim for damages.

At the commencement of the hearing, parties have agreed that the case can be heard by way of: (a) witness statement for examination-in-chief; (b) preliminary cross-examination witness statement, with full liberty to further cross-examine orally (for purposes of cross-examination); (c) preliminary re-examination statement with full liberty to further re-examination if there is further oral examination. The court is extremely grateful to the parties for agreeing to such a mode as the preliminary cross-examination witness statement will save much of the court's time to deal with peripheral matters and for all practical purposes, preliminary cross-examination witness statement will stand as interrogatories and answers thereto only, as the right of oral cro

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