Vincent Ng Kim Khoay J:

The defendant applied by way of a summons-inchambers (Enclosure 8) for:

(i) The injunction (Encl. 5) dated 6 October 1993 restraining the defendant from demolishing a structure known as No. T1 866, Sungai Ara, 11900, Pulau Pinang to be set aside; (ii) The writ of summons dated 6 October 1993 (Encl. 1) to be struck off under O. 18 r. 19(1)(a) or (b) or (c) of the Rules of the High Court 1980 (RHC); (iii) Damages consequential upon the implementation of the said injunction, to be assessed by the SAR, and (iv) Costs of the action.

The defendant's case is as follows:

The defendant are building contractors who have entered into a joint venture agreement with Sg. Ara Holdings Sdn. Bhd. to develop a large area of land which encompasses an area in which the plaintiff resides with several others.

After entering into the joint-venture agreement the defendant, acting in concert with Sg. Ara Sendirian Berhad, agreed to give compensation to the genuine licensed occupiers of the land, whereby Sg. Ara was to sell the land at fixed rates and the defendant to build houses of certain specifications free of charge for such occupiers.

In order to find out who were