[1] This is an application by the Defendants by way of a Notice of Application dated 12 November 2018 (Encl 16) to strike out the Plaintiffs' writ and statement of claim pursuant to O 18 r 19(1)(a) and/or (b) and/or (d) of the Rules of 2012 (RC 2012).

Background Facts

[2] The 1st Plaintiff is a company established on 16 October 1985 under the Companies Act 1965 with registered address at Lot 3899, 3rd Floor, Jalan Sultan Sulaiman, 20000 Kuala Terengganu, Terengganu.

[3] The 2nd Plaintiff, the Defendants and one other individual Sulong bin Muda ("Sulong") are the beneficiaries to the estate of Muda Bin Haji Draman ("the Deceased") whom had died intestate on 28 April 1985.

[4] Through the granting of Letter of Administration of the Estate under application no 44-16 year 1988 ("the Letter of Administration"), the 2nd Plaintiff and Sulong were appointed as the administrators to the estate of the Deceased to manage and/or administer estate of the Deceased as listed on the List of Assets which was attached together with the Letter of Administration ("List of Assets").

[5] An order was made by the Shari'a Court of Kuala Terengganu on 11 July 2006 for the distribution of the Estate of the Deceased to the beneficiaries to be in accordance with the Faraid Law.

[6] The Deceased, during his lifetime had 2 businesses of Shell Petrol Station at Cabang Tiga and Kuala Nerus. The Cabang Tiga Petrol Station was built on land belonging to Shell while the Kuala Nerus Petrol Station was built on land belonging to the Deceased.

[7] The operating license for the 2 said Petrol Stations granted by Shell Malaysia Trading Sdn Bhd under the name of the Deceased had expired and/or cancelled upon death of the Deceased. Upon the advice of Shell Malaysia Trading Sdn Bhd, the 2nd Plaintiff had proceeded to form 2 companies for the application of the operating license where the 2nd Plaintiff, Hj Sulong bin Hj Muda and the 4th Defendant was made Director of the said companies.

[8] The 1st Plaintiff was granted the right of trading in respect of the Kuala Nerus Petrol Station pursuant to "Shell Filling/Service Station Operating Agreement" dated 1 January 1987 entered into between the 1st Plaintiff and Shell Malaysia Trading Sendirian Berhad.

[9] It was therefore the Plaintiff's case that the 1st Plaintiff company which was established after the death of the Deceased was not part of the Deceased's estate and thus the heirs of the Deceased including the Defendants do not have any right and/or interest over the 1st Plaintiff.

[10] An agreement dated 12 December 1991 was entered into between the 15th Defendant, 16th Defendant, 17th Defendant, 2nd Plaintiff and Hj Sulong bin Hj Muda and the terms of the agreement among others provides that the Kuala Nerus Petrol Station be transferred to the 2nd Plaintiff and as payment for the said transfer, the 2nd Plaintiff shall pay RM450,000.00 to clear off the bank's debt.

[11] The Defendants had via Writ of Summons and Statement of Claim dated 5 November 2014 commenced civil suit no 22NCVC-35-11/2014 at the Kuala Terengganu High Court against the 2nd Plaintiff and Hj Sulong bin Hj Muda in their capacity as joints administrators to the estate of the Deceased. The said action was dismissed on 30 November 2015 by the High Court.

[12] The Court of Appeal had however on 6 July 2017 (Rayuan Sivil No: T-02(NCVC)(W)-37-01/2016) overturned the findings of facts and the decision of the High Court and had held inter alia