JUDGMENT

(Striking Out)

Kenneth St James JC:

Prelusion

[1] The Defendant hospital (the Hospital) applies to strike out the Plaintiff's (P) Writ and Statement Of Claim (SOC) under the following limbs of O 18 r 19(1) of the Rules Of 2012 (ROC):

(1) limb (a) — the SOC discloses no reasonable cause of action;

(2) limb (b) — the SOC is scandalous, frivolous or vexatious;

(3) limb (c) — the SOC may prejudice, embarrass, or delay the fair trial of the action; and

(4) limb (d) — the SOC is an abuse of the process of the Court.

P's Cause

[2] P's claim is for breach of contract. The remedy that he seeks is damages — general, aggravated, and exemplary damages. He also seeks the relief of a Declaration that the Hospital's suspension of his medical practice was "null and void" (batal dan tidak sah).

The Law On Striking Out Actions Under Order 18 Rule 19

[3] It is well established that so long as P's pleadings 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.