JUDGMENT

Leonard David Shim JC:

(Enclosure 40)

[1] This is an application by the 2nd Respondent to strike out the Applicants' application for Judicial Review as being frivolous and vexatious and an abuse of the process of the Court and on the ground of lis alibi pendens. The orders sought by the 2nd Respondent are as follows:

1. The Applicants' application for Judicial Review in the present action be struck out and/or dismissed as being frivolous and vexatious and an abuse of the process of the Honourable Court.

2. The costs of and incidental to this application be paid by the Applicants to the 2nd Respondent.

3. The Honourable Court makes such further or other order as it deems necessary or just.

[2] The grounds of this application are as follows:

a. The relief sought in the present action is essentially to challenge the decision of the Registrar of Malaysian Ships at the Port of Kota Kinabalu to register the vessel "DALIAN DEVELOPER" permanently as a Malaysian vessel in the name of the 2nd Respondent. In particular, the Applicants' claim specifically include a declaration that the permanent registration of the vessel "DALIAN DEVELOPER" at the said Port of Kota Kinabalu was null and void,