Edgar Joseph Jr. SCJ:

Broadly stated, the question which arose for decision in this appeal was whether the learned Judge in the High Court (Mr. Justice V. C. George) was right in refusing to strike out the action against the appellant, the First Malaysia Finance Bhd. (formerly known Central Malaysian Finance Bhd.), although the respondent's action against it was one for discovery alone. The application to strike out was made under the provisions of Order 18, r. 19 of the Rules of High Court, 1980, and also under the inherent jurisdiction of the Court, on the ground that the statement of claim, insofar as it involved the fifth defendant, did not disclose a reasonable cause of action and also because it was frivolous, vexatious or an abuse of the process of the Court.

It would be more convenient, if we referred to the appellant and the respondent, as the plaintiff and the fifth defendant respectively.

The case for the plaintiff may be taken in substance from his statement of claim and is as follows:

At all material times, the plaintiff was and is a businessman and the beneficial owner of 11,979,333 ordinary shares of RM1 each in the fifth defendant ("the shares").

The fi