JUDGMENT

Mohd Arief Emran Arifin JC:

A. Introduction

[1] The Defendants have applied to strike out the Originating Summons filed by the Plaintiff.

[2] There are two applications before this Court filed by the Defendants:

(i) Enclosure 8 - Application by the 2nd Defendant under O 18 r 19(1)(a), and/or (b), and/or (d) of the Rules of 2012.

(ii) Enclosure 10 - Application by the 1st Defendant under O 18 r 19(1)(a), and/or (b), and/or (c), and/or (d) of the Rules of 2012.

[3] The grounds relied on by both Defendants are summarised as follows:

(i) The Plaintiff does not have a valid cause of action against the Defendants.

(ii) The Expert report dated 12 May 2021 by PWC Consulting Associates (M) Sdn Bhd ("Expert Report") is not binding on parties to this suit.

(iii) The Expert Report provides 4 alternative distinct outcomes ("4 scenarios") that depart from the terms of the engagement, are inconclusive, and not enforceable.

(iv) The Originating Summons is premature - the issue of the beneficial ownership must be decided first even if the Expert Report is an enforceable instrument.

[4] The 1st Defendant further argues that the Expert Report is not conclusive and contains manifest errors. As a result