JUDGMENT

(Striking Out)

Kenneth St James JC:

Prelusion

[1] The 2nd and 3rd Defendants (D2D3) apply to strike out the Plaintiff's (P) claim against them under all four limbs of O 18 r 19(1) of the Rules Of 2012, under:

(1) limb (a): that the claim discloses no reasonable cause of action;

(2) limb (b): that the claim is scandalous, frivolous or vexatious;

(3) limb (c): that the claim may prejudice, embarrass or delay the fair trial of this suit;

(4) limb (d): that the claim is an abuse of the process of the Court.

The Law On Striking Out

[2] My starting point is first to remind myself of the principles that I must heed under the procedural law of striking out of pleadings.

[3] It is well established that so long as P's pleadings disclose a reasonable cause of action, the suit should proceed to trial-(1) Bandar Builders Sdn Bhd & Ors v. United Malayan Banking Corporation Bhd, [1993] 3 MLJ 36 (SC); (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 (FC).

[4] A review of the law on striking out is found in Tan Wei Hong (a minor suing through guardian ad litem and next friend Chuang Yin E) & Ors v. Malaysian Airlines B