JUDGMENT

[2nd Defendant's Application Pursuant To Order 18 Rule 19(1) Of The Rules Of 2012 - Enclosure 58]

Johan Lee Kien How @ Mohd Johan Lee JC:

Introduction

[1] The 2nd Defendant ("D2") filed an application ("the Application") pursuant to O 18 r 19(1) of the Rules of 2012 (" ROC 2012") to strike out the Plaintiff's writ and statement of claim dated 22 February 2021 and 19 March 2021 respectively ("the Suit"). Having read all the submissions by the Parties, I hereby allow the Application. Herein are the judgment.

Facts Of The Case

[2] D2 subscribed and/or invested monies in the Click Subscription Plan. Click Subscription Plan was offered by the Plaintiff's company known as Click Internet Traffic Sdn Bhd ("Click") through an online application where certain returns on investment were offered to investors.

[3] After a period of time, the Plaintiff alleged that the Click application had been hacked. Based on that reason, the Plaintiff stopped paying subscribers their returns on investments. D2 demanded for the refund of his capital investments and for his down lines. The Plaintiff had refused and/or failed to do so. D2 and the other Defendants then lodged police reports against the Plain