Table of Content
1. defendants' application and supporting documents (Para 1 , 2 , 3)

Enclosure 9 is the Defendants' Application that the Writ of Summons and the Statement of Claim be struck out under O 18 r 19(b)(c) and (d) of the Rules of the High 1980 and/or under the inherent jurisdiction of the Court.

The Application is supported by an Affidavit affirmed on 11 December 2009 and Affidavits in reply dated 21.4.2010 and 19 March 2010.

The Plaintiff purports to bring the claim in this action premised on the Defendants' alleged breach of duty of care, skill and diligence. The Plaintiff contends that the Defendants failed to take timeous possession or to preserve the Plaintiff's office in Taiwan which resulted in loss and damage to the Plaintiff.

Grounds for the Application

1. That res judicata and/or issue of estoppel operate as a bar to the Plaintiff's claim in this action;

2. The Statement of Claim in this action discloses no reasonable cause of action against any of the Defendants;

3. That the Plaintiff is stopped from instituting this action against the Defendants; and the action is statute barred.

Findings and Decision

i. The issue of res judicata /estoppel

Prior to the commencement of t

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