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WARIS SELESA SDN BHD v. TRADELIFT INDOPALM INDUSTRIES SDN BHD & ANOTHER APPEAL
Court of Appeal, Putrajaya
Rohana Yusuf, Harmindar Singh Dhaliwal, Hanipah Farikullah JJCA
[Civil Appeal Nos: W-02(NCC)(A)-1657-08-2017 & W-02(IM)(NCC)-1103-06-2017]
7 January 2019
[2019] 2 MLRA 497

JUDGMENT

Introduction

Hanipah Farikullah JCA:

[1] There are two appeals before us as follows:

i. Civil Appeal No: W-02(IM)(NCC)-1103-06-2017 ("Appeal 1103") and

ii. Civil Appeal No: W-02(NCC)(A)-1657-08-2017 ("Appeal 1657")

[2] These appeals arise from the decisions of the learned High Court Judge given in the High Court at Kuala Lumpur dismissing the defendant's application to strike out the plaintiff's originating summons ("OS") under O 18 r 19 of the Rules of Court 2012 ("ROC 2012") and allowing the claim by the plaintiff for restitution of monies under s 223 of the Companies Act 1965 ("CA 1965").

[3] By consent of all parties, we heard both appeals together as it involved similar facts.

[4] For convenience, we will refer to the parties in this judgment as they were referred to in the High Court. At the conclusion of the hearing we unanimously dismissed it with costs. We now give our reasons for so deciding.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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