Su Geok Yiam JC:

This is an appeal against my decision allowing the plaintiffs' appeal (encl. 82) against the decision of the learned deputy registrar in striking out the plaintiffs' claim against the 2nd defendant on the ground that the plaintiffs' statement of claim did not disclose a reasonable cause of action against the 2nd defendant.

Facts And Background

The 1st plaintiff is a limited company. It owns a factory which manufactures yarn and curtain tapes. The 2nd and 3rd plaintiffs are its directors. The 4th plaintiff was in charge of the management of the 1st plaintiff as its manager.

On 23 February 1998, a fire gutted the factory and destroyed and damaged the 1st plaintiff's plants, machinery, raw materials, stock-in-trade and other contents, thereby causing substantial loss and damage to the 1st plaintiff.

The plaintiffs did not know how the fire started. The plaintiffs lodged a police report videPusing Report No. 186/98.

The police carried out an investigation into the fire. The Chemistry Department in its report videNo. IP-408/98-0 issued on 31 March 1998 stated that it did not find any inflammable hydrocarbons. On 12 March 1999, the Kinta District Police stated i