HIGH COURT (KUALA LUMPUR)
HAYATUL AKMAL ABDUL AZIZ J
CIVIL SUIT NO WA-22NCvC-203-03 OF 2021
18 April 2022
JUDGMENT
(Enclosure 17)
[1] The Second Defendant (“D2”) applied to strike out the Plaintiff’s (“P”) Statement of Claim (“SOC”) dated 29.03.2021 under O.15 r.6(2)(a), O.18 r.19 (1) (a), (b), (c) and/or (d) and/or the inherent jurisdiction of this court pursuant to O.92 r.4 of the Rules of Court (“ROC”) 2012.
[2] The relevant cause papers and written submissions are as follows:
(i) Notice of Application dated 03.08.2021 (enclosure 17);
(ii) Affidavit in Support affirmed by Dato’ Haji Mohd Sarit Bin Haji Yusoh on 17.08.2021 (enclosure 21);
(iii) Affidavit in Reply affirmed by Mohamad Tirmizi Bin Ishak on 03.09.2021 (enclosure 22);
(iv) Affidavit in Reply affirmed by Dato’ Haji Mohd Sarit Bin Haji Yusoh on 17.09.2021 (enclosure 23);
The parties’ respective written submissions/replies.
[3] Parties were heard on several hearing dates. On the 11.02.2022, after perusing the cause papers filed, parties’ respective written submissions, I dismissed enclosure 17 with costs of RM8,000.00, inclusive of allocator fees to be paid within 14 days. Dissatisfied, D2 filed this appeal, and my reasons are as follows: