HIGH COURT SABAH & SARAWAK LABUAN
DPML CORPORATION BHD & ANOR – Appellant
Versus
LEMBAGA PELABUHAN BINTULU & ORS – Respondent
JUDGMENT
The Application
[1] By this Notice of Application filed on 12 January 2021 (Encl 41), the 1st and 2nd Defendants are applying under O 18, r 19(1)(a) or (b) and/or (d) of the Rules of 2012 and under the inherent jurisdiction of the Court to strike out the Plaintiffs' action herein as against the 1st and 2nd Defendants by the Writ and Statement of Claim herein dated 9 March 2020.
[2] Alternatively, the 1st and 3rd Defendants seek to strike out paragraphs a(i), a(ii), a(iii) of the Writ of Summons herein and paras 31.01, 31.02, 31.03, 32, 33, 34, 35, 36, 37, 38, 39, 40, 48, 49, 50, 50(a), 50(b), 50(c), 51, 52, 53, 54, 55, 56, 57, 58, 59.01, 59.02, and 59.03 of the Statement of Claim herein.
The Principles Of Law Applicable In An Application To Strike Out Pleadings
[3] There is no controversy that the discretionary power to strike out a Statement of Claim and dismiss the Plaintiff's claim in the action summarily under O 18 r 19 (1) of Rules of , 2012 and under the inherent jurisdiction of the Court should only be exercised in plain and obvious cases when the claim is not sustainable. See: Tractors (M) Bhd v. Tio Chee Hing, 1975 MarsdenLR 320 ; Bandar Builder Sdn
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