[1] This an application vide a Summons in Chambers in Enclosure 9 by the Defendants/Applicants under O 18 r 19 of the Rules of the High 1980 for an order that the writ and statement of claim be struck out on the grounds that it is scandalous, frivolous or vexatious and/may prejudice, embarrass or delay the fair trial of the action and/or is an abuse of the process of Court. The application is supported by Affidavit affirmed on 17 September 2009.

The Facts

[2] In the Statement of Claim the Plaintiff and the 1st Defendant entered into an agreement to sell and deliver and/or provide services to the 1st Defendant. By a Guarantee dated 13 April 2095 the 2nd Defendant agreed to guarantee the payment of the goods sold and delivered and/or services provided. The amount claimed is RM744,265.00. The Defendants in the Statement of Defence denied having knowledge of any agreement and/or guarantee and puts the Plaintiff to strict proof. The Defendants also state that if there was such an agreement the action initiated by the Plaintiff i