Mohd Zawawi Salleh JC:

Introduction

[1] Enclosure 12 is an application by the defendant under O 18 r 19(1)(a), (b) and/or (d) of the Rules of the High 1980 ("RHC") to strike out the writ of summons and statement of claim dated 28 July 2008 on the grounds that it discloses no reasonable cause of action or defence, or it is scandalous, frivolous or vexatious, or it is otherwise an abuse of the process of the Court.

Background Facts

[2] For a better appreciation of the defendant's application in encl 12, regard must be had to the background of the case. I will now narrate it briefly:

2.1 Tenaga Nasional Berhad ("the plaintiff") and Calsonic Compressor (Malaysia) Sdn Bhd ("hereinafter referred to interchangeably as "CCM" and "defendant") entered into an Electricity Supply Agreement dated 27 November 2001 (please refer to exh MO1 of affidavit in support affirmed by Masayoshi Okuda). The relevant terms of the agreement are as follows:

Clause 22 places a duty on TNB to be responsible for any damage or interruptions in supply of electricity and/or TNB equipments which was caused by accidents or mistakes by TNB.

Clause 14 of the Conditions of Supply for Business/Non-Domestic Consumers (wh