JUDGMENT

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] This is the defendant's application to strike out the plaintiffs Writ of Summons and Statement of Claim pursuant to O 18 r 19(1)(a), (b), (c) and/or (d) of the Rules of 2012 and/or the inherent jurisdiction of this Court .

[2] The defendant sought to strike out the plaintiff's claim on the grounds that it discloses no reasonable cause of action, is frivolous and vexatious, and constitutes an abuse of the Court process. These grounds were advanced in light of this Court 's earlier decision in April 2024 which declared the underlying agreements between the parties to be void and unenforceable.

[3] After perusing the application and the affidavits and considering the submissions of both parties, I allowed the defendant's application with costs. The plaintiff was not satisfied and appealed.

Brief Background Facts

[4] On 2 March 2018, the plaintiff and the defendant executed two separate agreements, namely a Sale and Purchase Agreement ("SPA") and an Asset Sale Agreement ("ASA"). Under the terms of the SPA, the plaintiff agreed to sell and the defendant agreed to purchase three parcels of industrial land along with the buildings erecte