NESA GROWTH RESOURCES v 1. ) SOLARIMPEX TRADE SDN BHD 2. ) VIJAYARAKAVAN A/L R KRISHNASAMY 3. ) JANATHERAN NAIR A/L BALASUBRAMANIAM 4. ) KUMAR A/L VELLAYAN

ba-22ncvc-134-05-2020 High Court (Mahkamah Tinggi) 22 November 2023 • BA-22NCvC-134-05/2020 • 38 min read
10 cases cited (0 SG, 10 foreign)

Catchwords

1. This judgment addresses two Notices of Appeal, both filed simultaneously on 4 March 2025 by the Plaintiff. 2. The first Notice of Appeal is concerned with the Plaintiff’s appeal against the decision of this Court dated 23 November 2023 dismissing the Plaintiff’s application in Encl 83 to amend the Writ and Statement of Claim. 3. The second Notice of Appeal is the Plaintiff’s appeal against the whole of the decision of the Court dated 23 November 2023 to dismiss the Plaintiff’s claim against all the Defendants. 4. I had considered the cause papers and submissions of the parties and my decision was to dismiss both the application as well as the Plaintiff’s main suit against all the Defendants. 5. The Plaintiff is dissatisfied with my decision hence the concurrent filing of the notices of appeal.

Judges (1)

Julie Lack Delivered

Counsel (4)

Ambbi Balakrishnan & Associates Firm Indran K, C Jacob & Associates Firm Indran A/L K M Karuppiah Counsel Defendant Revathi Kannan Counsel Plaintiff

Parties (5)

SOLARIMPEX TRADE Sdn Bhd Defendant Janatheran Nair a/l Balasubramaniam Defendant Kumar a/l Vellayan Defendant Nesa Growth Resources Plaintiff Vijayarakavan a/l R Krishnasamy Defendant

Statutes Cited

Companies Act 2016 (Cap 777)
Evidence Act 1950 (Cap 56)

Cases Cited (10)

UK (1)
[2017] UKPC 32
MY (9)
[1987] 2 MLJ 714 [1997] MLJU 142 [2000] 7 MLJ 483 [2004] 7 CLJ 217 [2012] 9 CLJ 557 [2013] 9 CLJ 828 [2014] 1 MLJ 80 [2016] 1 MLJ 301 [2021] MLRH 65

Judgment

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Source: eJudgment (ba-22ncvc-134-05-2020)