Lau Bee Lan J:

[1]VideO. 49 r. 6 of the Subordinate Courts Rules 1980 ("the SCR") , the appellants/plaintiffs ("the plaintiffs") has appealed against the decision of the learned Sessions Court Judge made on 6 August 2004 and 10 August 2004 allowing the 1st defendant's application made pursuant to O. 14 r. 21(1) of the SCR dated 5 March 2004. The 1st defendant is, inter alia, seeking to strike out the plaintiffs' summons dated 30 November 1999 and the statement of claim dated 27 November 1999 ("the summons") on the grounds:

(a) the summons is:

(i) scandalous, frivolous and vexatious; or

(ii) an abuse of the process of the Court; and

(b) that by virtue of item 92 of the Ordinance, the plaintiffs' cause of action had become statute barred on 29 November 1999.

[2] The 1st defendant's application is supported by the affidavits of Winnie Wong Nai San affirmed on 5 March 2004 and affidavit in reply of Desmond Anura Sahathevan affirmed on 13 April 2004 and opposed by the affidavit of Addy Termizi bin Mohammed Tuah affirmed on 31 March 2004.

[3] The plaintiffs' claim arose out of an alleged collision which occurred between a motorcycle No. KS 2536Q ridden by the 1st plaintiff and with the