BUILDCON-CIMAC0 CONCRETE SDN BHD V FILOTEX TRADING SDN BHD
- Citation
- BUILDCON-CIMAC0 CONCRETE SDN BHD V FILOTEX TRADING SDN BHD
- Court
- Malaysian court
The motion to strike out was dismissed because the alleged multiplicity of proceedings did not exist as S1 was never served on the respondent, the petitioner had notified the respondent that S1 was against guarantors only and S1 was discontinued as to the respondent; although the applicability of O.18 r.19 to s.218 winding-up petitions is legally complex, the court followed Supreme Court authority recognizing the High Court's power to strike out abuses of process, and held that s.221(2)(f) does not itself empower striking out; on the facts dismissal of the motion was improper and costs were a…