JUDGMENT

Kenneth St James JC:

Prelusion

[1] The Respondent-Plaintiff (P) applied to strike out the Appellant-First Defendant's (D1's) Counterclaim under all four limbs of O 18 r 19(1) of the Rules Of 2012 (ROC). Limb (a) is the ground that D1's Counterclaim discloses no reasonable cause of action. Limb (b) is the ground that D1's Counterclaim is scandalous, frivolous or vexatious. Limb (c) is where D1's Counterclaim may prejudice, delay or embarrass the fair trial of the suit. And limb (d) is that D1's Counterclaim is an abuse of the process of the Court.

[2] The Magistrates Court granted P's application and struck out D1's Counterclaim. D1 appeals to the High Court. This proceeding is the appeal proceeding.

The Law On Striking Out

[3] It is well established that so long as the pleadings (here: D1's Counterclaim) disclose a reasonable cause of action, the matter should proceed to trial: (1) Bandar Builders Sdn Bhd & Ors v. United Malayan Banking Corporation Bhd, [1993] 3 MLJ 36; (2) Seruan Gemilang Makmur Sdn Bhd v. Kerajaan Negeri Pahang Darul Makmur & Anor; [2016] 3 MLJ 1; [2016] 3 CLJ 1; [2016] 2 AMR 795.

[4] A review of the law on striking out is found in Tan Wei Hong (a minor suing