Abdul Malik Ishak J:

This was an application by way of a summons in chambers filed by the defendant in encl. 8 for the plaintiff's action to be struck out on the grounds that the action filed by the plaintiff constituted an abuse of the process of the court and particularly that the subject matter of the action was said to be res judicata. Enclosure 8 was supported by an affidavit of Chiew Hon Keong that was affirmed on 14 July 1998 and which was filed on 17 July 1998 as seen in encl. 7. There was no affidavit in reply to encl. 7 and this was agreed by both parties. Tun Salleh Abas, learned senior counsel for the plaintiff, rightly pointed out that there was no necessity to file an affidavit in reply to that of encl. 7 as the whole matter revolved on a question of law.

Mr. Chin Yew Meng, learned senior counsel for the defendant, argued that the application to strike out in encl. 8 was made because it was related to a previous action filed before another branch of the High Court in Kuala Lumpur vide civil suit no: S1-22-141-1996