1. The Defendant applied (in enclosure (5)) under the Court's existing jurisdiction and or under Order 18 rule 19(1)(b) or (c) or (d) of the Rules of the High 1980 (" RHC ") to strike off the Plaintiff's Writ of Summons and Statement of Claim dated 29.4.2009 (in enclosure (2)).

2. The grounds of the Application are that the Plaintiffs claim is scandalous, frivolous or vexatious; or an abuse of the process of the Court, and therefore should be struck off.

B. BRIEF FACTS:-

3. It was the contention of the Plaintiff that the Plaintiff, together with Metrod (OFHC) Sdn Bhd. ("Metrod OFHC"), had used the services of the Defendant for the transportation of goods, namely copper wires, belonging to both the Plaintiff and Metrod OFHC. This arrangement was as provided in the Transportation Contract dated 16.3.2001 in Exhibit "TCH-1" of the Afidavit in support of the Defendant's application affirmed by Teh Chin Hua on 3.6.2009 in enclosure 5A ("Transpor