JUDGMENT

Kenneth St James JC:

(Striking Out)

Prelusion

[1] The Plaintiff (P) filed this suit against the five Defendants here. The 1st Defendant (D1/PERDA) applies to strike out P's claim (DI/PERDA's Striking Out Application).

[2] D1/PERDA applies to strike out P's claim under all four limbs of O 18 r 19(1). Under limb (a), DI/PERDA's ground is that P's claim discloses no reasonable cause of action. Under limb (b), D1/PERDA's ground is that P's claim is scandalous, frivolous or vexatious. Under limb(c), D1/PERDA's ground is that P's claim may prejudice, embarrass or delay the fair trial of the suit. And under limb (d), D1/PERDA's ground is that P's claim is an abuse of the process of the Court.

[3] Should P's claim be struck out as against D1/PERDA?

The Parties And The Pertinent Pleaded Facts

[4] P is a construction industry contractor. D1/PERDA is a statutory body whose purpose is to develop the state of Penang. The 2nd Defendant (D2) is D1/PERDA's Chairman. The 3rd Defendant company (D3Co) is a construction company. The 4th and 5th Defendants (D4D5) are D3Co's directors and shareholders.

[5] D1/PERDA is the owner of the subject project

[6] D3Co is the main contractor for D1/PERDA's project