HIGH COURT (KUALA LUMPUR)
LIZA CHAN SOW KENG JC
CIVIL SUIT NO WA-22NCC-459-09 OF 2020
1 April 2021
GROUNDS OF JUDGMENTIntroduction
[1] The 1st, 3rd, 4th, 6th, 7th and 8th Defendants’ filed a notice of application in enc. 94 on 15.10.21 to strike out paragraphs 17, 18, 21, 22, 23, 24, 25, 28, 29, 30, 32, 33, 37, 38, 38, 40, 42, 45, 50, 60 and 62 of the Amended Statement of Claim (“ASOC”) for non-compliance with an Unless Order in enc. 91 to furnish further and better particulars and in consequence of the striking out of the above paragraphs, the Amended Writ and ASOC dated 20.10.2020 against the1st, 3rd, 4th 6th, 7th and 8th Defendants be struck out as no longer disclosing any reasonable cause of action against these Defendants.
[2] On 25.01.2022, the application in Enc. 94 was allowed with costs.
[3] The 5th Defendant also made an application on 25.1.2022 in Enc. 122 to strike out the Amended Writ and ASOC against him on the grounds that with the striking out of paragraphs 17, 18, 21, 22, 23, 24, 25, 28, 29, 30, 32, 33, 37, 38, 39, 40, 42, 45, 50, 60 and 62 of the ASOC, the ASOC (as it now stands) does not give rise to any enforceable claim against the 5th Defendant.
[4] On 23.02.2022, the application in Enc. 122 was allowed with costs.
[5] As the matters were related, it is convenient to deal with both Enc. 94 and Enc. 122 in one judgment.