Enclosure 10

[1] Enclosure 10 is the Defendant's Application to strike out the Plaintiff's Writ of Summons and Statement of Claim under O 18 r 19(b), (c) and/or (d) of the Rules of 2012 ("ROC"), and for costs ("the Application").

Background Facts

[2] The Plaintiff is a company carrying on a business which includes preparing the site for construction, cut and fill works, site clearance, mineral extraction and the mineral export business.

[3] The Defendant is the registered owner of a parcel of land known as Lots 1, 2, 3, 4, 9, 12 and 18 located at Mukim Sungai Karang, Daerah Kuantan, Pahang Darul Makmur measuring approximately 500 acres ("the Land").

[4] Vide a Letter of Intent dated 3 December 2014 ("LOI 1") issued by the Defendant to the Plaintiff, the Defendant invited the Plaintiff to venture into a contract for the Plaintiff to do site clearance, extract mineral, and undertake a proper cut a