JUDGMENT

Su Geok Yiam JC

This is an appeal (encl. 13) by the plaintiff against the decision of the learned deputy registrar in striking out the plaintiff's cause of action against the defendants based on abuse of process of court.

Facts And Background

The 1st defendant is a private limited company. The 2nd, 3rd and 4th defendants are its directors. The plaintiff was a former employee of the 1st defendant.

In order to understand the nature of the plaintiff's claim against the four defendants it is essential that the chronology of events as they appear from the statement of claim and the two affidavits of the defendants and the sole affidavit of the plaintiff are clearly understood. These events which led to the plaintiff filing the writ action against the four defendants are as follows:

On 14 April 1995, the 1st defendant filed a civil claim against the plaintiff vide Summons Case No. 52-200-95 in the Ipoh Sessions court claiming a sum of RM195,101.15 which included, inter alia , the sums of RM3,973 and RM183,232.50, respectively.

On 17 August 1995, ie, four months after filing the summons case, the 4th defendant who was not yet a director of the 1st defendant at that time, unlike the 2nd