Elaine Yap Chin Gaik JC:

(Enclosures 1 and 6)

[1] This is an application by the Plaintiff for an order that the Defendant be declared a vexatious litigant pursuant to the additional power of the High Court in para 17 of the Schedule to the Courts of Judicature Act 1964 that reads as follows:

"Power to restrain any person who has habitually and persistently and without reasonable cause instituted vexatious legal proceedings in any Court, whether against the same or different persons, from instituting any legal proceedings in any Court save by leave of a Judge. A copy of any such order shall be published in the Gazette"

[2] In Sim Kooi Soon v. Malaysia Airlines System (No 2) 2010 MarsdenLR 2519 ; ; , the Court of Appeal identified the features of a vexatious litigant as someone who sues the same party repeatedly on essentially the same cause of action, has little or no basis in law to sue and whose actions has the effect of subjecting the opposing party to inconvenience. As summarised by Lord Bingham of Cornhill CJ in Attorney-General v. Barker [2000] 1 FLR 759 at 764:

"The hallmark [of persistent and habitual litigious activity] usually is that the plaintiff sues the same p