Ahmad Bache J:

A. Introduction

[1] The 2 Plaintiffs being paying members of the Defendants' Club had filed an action against the Defendants for amongst others, a breach of s 10 of the Competition Act 2010 , for "deliberately and arbitrarily" increasing the prices for both Individual Membership and Bumiputera Individual Membership and Transfer Fee notwithstanding that since 2014 the Club has ceased issue such memberships.

[2]Vide Enclosure (38), the 1st Defendant is making an application to convert the Plaintiffs' Originating Summons to a Writ of Summons pursuant to O 28, r 1 of the Rules of 2012. By virtue of O 28, r 1, 2 and 3 of the Rules of 2012, the Defendants are also making an application dated 6 November 2019 to seek an order from this Court that proceedings in this action be continued as if it had been begun by Writ and other consequential directions ("1st Defendant's Application").

[3] After hearing submissions by both parties, this Court had dismissed the 1st Defendant's application with costs of RM5,000.00.

[4] Dissatisfied, the Defendants had filed a Notice of Appeal to the Court of Appeal. Herewith are the grounds for that decision.

B. Brief Facts Of The Case

[5] T