Leong Wai Hong J:

[Striking Out Of Suit]

Introduction

[1] Courts will strike out a suit based on the principles of "let the loss lie where it falls" and in pari delicto when the parties are equally at fault in an illegal or immoral transaction. The courts act on the Latin maxim "Ex turpi causa non oritur actio", which states that no action arises from a dishonourable cause.

[2] The maxim in pari delicto ("in equal fault") can be displaced or moderated by three considerations commonly referred to as the "trio of considerations" first propounded in the English Supreme Court case of Patel v. Mirza [2016] UKSC 42 ["Patel"] and accepted by our courts.

[3] The above maxim and principles are relied on by the defendants in five separate applications filed by the five defendants here to strike out the plaintiffs' Writ and Amended Statement of Claim [Enclosure 6] pursuant to O 18 r 19(1)(a) and/or (b), (c) and (d) of the Rules of Court 2012 [" ROC 2012"]. [See encls 31 to 35].

[4] The Amended Statement of Claim [Enclosure 6] concerns a dispute in relation to a Share Sale Agreement.

[5] The three plaintiffs are all represented by Messrs Satha & Co The five defendants are all represented