Low Hop Bing J:

Appeal

[1] Pursuant to O. 18 r. 19(1)(a), (b) or (d) of the Rules of the High 1980 , vide application by way of summons-in-chambers in encl (4) as amended in encl (15) ("the application"), the defendants sought an order to strike out the plaintiff's statement of claim on the ground that:

(a) it discloses no reasonable cause of action;

(b) it is scandalous, frivolous or vexatious;

(c) ... or

(d) it is otherwise an abuse of the process of the Court.

[2] For brevity and convenience, a reference hereinafter to an order and a rule is a reference to that order and rule in the Rules of the High Court 1980 unless the context otherwise requires.

[3] The learned registrar had on 5 July 2004 dismissed the application with costs.

[4] Against that decision, the defendants have vide encl (24) appealed to me as judge in chambers.

Factual Background

[5] This is substantially uncontroverted.

[6] The first and second defendants ("DD1 and 2") are the registered and beneficial owners of 8,025 acres of land together with a 40-ton per hour crude palm oil mill in the mukim of Triang, Pahang (collectively, "the property").

[7] At the material time, the third defendant ("D3") was a director of