Amarjeet Singh Serjit Singh JC:

Introduction

[1] In the original action the plaintiff, Karunamoorthy a/l Ramasamy, a sole proprietor trading as Era Hemas Trading brought an action against three defendants, Hariharan a/l Subramaniam ( Hariharan), Asokan a/l Palaniandy (Asokan) and Ezy Group Berhad formally known as EZYFX Berhad (EGB). Hariharan and Asokan were the only directors of EGB.

[2] Hariharan and EGB in response to the statement of claim filed a defence and counterclaim which they subsequently amended. They cited themselves as the plaintiffs in the counterclaim and in the title to the action cited the following five persons: Karunamoorthy in his personal capacity, Aravanthan a/l Subramaniam (Aravanthan), Muhammad Denial Dass (Muhammad Denial), Mathialagan a/l Maniam (Mathialagan) and Reeta a/p Jaya (Reeta) as the 1st to 5th defendants in the counterclaim.

[3] Karunamoorthy and Aravanthan then moved this Court by way of a notice of application (enclosure 23) under O 15 r 5 and/or O 18 r 19(1) and/or O 94 r 4 of the Rules of 2012 for an order that the amended counterclaim be struck out against them. For ease of reference all rules hereinafter stated refer to the Rules of