The Appeal

[1] The present appeal before us is against the decision of the Court of Appeal dated 18 January 2012 affirming the decision of the Kuantan High Court dated 2 September 2010 in dismissing the appellants application to strike out paras 22 to 29 of the respondents statement of claim dated 22 December 2008.

[2] On 20 March 2014, leave to appeal to the Federal Court was granted on the following two questions:

(i) Whether the test in Bandar Builder Sdn Bhd & Ors v. United Malayan Banking Corporation Bhd, 1993 MarsdenLR 99 applies to an application to strike out an action brought to impeach a judgment based on intrinsic fraud or whether a different threshold should be applied; and

(ii) Whether intrinsic fraud including perjured evidence is a ground in which a judgment of a Court of competent jurisdiction may be impeached by virtue of s 44 of the Evidence Act 1950 .

Factual Bac