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.