JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] This is an application by the 2nd and 3rd defendants to strike out the plaintiff's writ of summons and statement of claim dated 27 June 2019 (enclosure 36). The application was made pursuant to O 18 r 19(1)(a) or (b) or (c) or (d) of the Rules of 2012 and/or the inherent jurisdiction of the Court. On 23 September 2021, I allowed the application with costs.

[2] This judgment contains the reasons for my decision.

Background Facts

[3] The plaintiff, 2nd defendant and Lee Kok Lee, since deceased, were three of the four shareholders of the 1st defendant each holding 250,000, 100,000 and 100,000 shares respectively. The 3rd defendant is the estate of Lee Kok Lee while the fourth shareholder was Tee Siew Hiang who held RM50,000 shares. The 2nd defendant and the deceased were directors of the 1st defendant from 29 August 201 until 19 September 2017.

[4] On 4 September 2017 all four shareholders ("the vendors") entered into a sale and purchase agreement with Jl Integrated (M) Sdn Bhd ("JI Integrated") to sell their entire equity in the 1st defendant at RM2.60 a share totalling RM1.3 million ("the agreement"). The agreement stated that the