in the court of appeal malaysia (appellate jurisdiction)

(12) That the 2 nd Respondent render restitution to the 1 st
Respondent of all the payments of salaries
including bonuses, income taxes, employee
provident fund contributions and any other
contributions paid for and on behalf of the
accounts staff of the 2 nd Respondent’s working in
its Lawas store; AND
(13) That an injunction be granted to restrain the 2 nd
Respondent, whether by itself or by its servants or
agents or otherwise howsoever from using abovereferred
accounts staff to do any work for or in
relation to the 2 nd Respondent’s Lawas store or any
other of its other stores save for the 1 st Respondent;
AND
(14) That such other order may be made as this
Honourable Court thinks fit or just; AND
(15) Costs to be paid to the Petitioner by the 2 nd and 3 rd
Respondents jointly and severally.”
The 2 nd and 3 rd respondents gave notice of intention to appear on the
petition. By a Notice of Motion dated 9.7.2004 the 2 nd and 3 rd respondents
applied to strike out the petitioner’s petition. The motion, inter alia, states:
“1. the Petition dated 3 rd March 2004 filed herein be struck
out pursuant to the inherent jurisdiction of this
Honourable Court for
i. failure to disclose any reasonable cause of action;
ii. alternatively, for being an abuse of the process of
this Honourable Court:
2. further or other relief that this Honourable Court deems
fit and appropriate;
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