Raja Azlan Shah J:

This is an application by the defendants by way of summons in chambers for an order to strike out the plaintiffs' statement of claim under O. 25 r. 4 of the Rules of the Supreme Court on the ground that it discloses no reasonable cause of action or is frivolous and vexatious and an abuse of the process of the court.

The points for determination are these. Firstly, when a plaintiff who is seeking by action to recover damages for personal injuries in respect of a road accident relies upon an acknowledgment of liability by the insurance company, does that acknowledgment constitute in itself a cause of action which is different from that which gave rise to the original claim? Secondly, should such a plaintiff plead the acknowledgment in his statement of claim or should he wait until the defendant pleads limitation and then deliver a reply setting up the plea of acknowledgment?

These points arise for decision in the following circumstances. The first and second plaintiffs as administrator and co-administratrix of the estates of two deceased persons and as next friends to four infants brought an action for damages for the benefit of the deceaseds' estates un