JUDGMENT

Akhtar Tahir J:

Introduction

[1] The 4th Defendant in this case applied to strike out the Plaintiff's case under O 18 r 19 of the Rules of 2012 ("the Rules").

Facts

[2] The Plaintiffs main allegation is against the 1st Defendant for inducement by misrepresentation to invest in the purchase of luxury vehicles below market price.

[3] As a result of the false misrepresentation the Plaintiff transferred a sum of money into the accounts of the 2nd to 4th Defendant. The 2nd and 3rd Defendants are family members of the 1st Defendant.

[4] The case against the 4th Defendant is premised on the tort of conversion, unjust enrichment and restitution.

The Issue

[5] The sole issue in this case is whether this is a plain and obvious case to strike out the Plaintiffs claim against the 4th Defendant for a want of cause of action.

The Tort of Conversion

[6] The 4th Defendant relied on the the case of OSK Trustees & Anor v. Metropolex Holding Sdn Bhd, 2019 MarsdenLR 1825 which in essence ruled that tort of conversion is wrongful appropriation of another's chattel.

[7] The Plaintiff did not reply to the contention of the Plaintiff that the tort of conversion is against chattels apart from stating that t