GROUNDS OF JUDGMENT

1. This is an Appeal to the Judge In Chambers by the plaintiff against the decision of the learned Senior Assistant Registrar, High Court Ipoh who had on 14.11.06 allowed the application of the defendant, namely, prayer 2(a), (b) and (c) of the Summons In Chambers (Enclosure 8) to strike out the reliefs prayed for in paragraph 20(i),(ii) and (iii) of the plaintiff's Statement of Claim (Enclosure 1) under O. 18 r. 19(a), (b) or (d) of the Rules of High Court 1980 (hereinafter referred to as 'the RHC 1980'). However, the learned Senior Assistant Registrar had refused prayer 1 of the Summons In Chambers (Enclosure 8) which was to strike out the Writ of Summons and Statement of Claim. The said application was grounded as disclosing no reasonable cause of action, scandalous, frivolous or vexatious and/or it is an abuse of the process of the court.

2. By the said Summons In Chambers (Enclosure 8), the defendant had applied for the following orders:-

(1) Bahawa Writ Saman bertarikh 19.6.2006 dan Penyata Tuntutan bertarikh 14.6.2006 terhadap Defendan dalam tindakan ini dibatalkan di bawah Aturan 18 Kaedah 19(1)(a)(b) atau (d) Kaedah-Kaedah Mahkamah Tinggi 1980 dan/atau di bawah bidang kuasa sedia ada Mahkamah di bawah Aturan 92 Kaedah 4 Kaedah-Kaedah Mahkamah Tinggi 1980; atau

(2) Secara alternatif membatalkan tuntutan plaintif seberikut secara disjunctive dibawah Aturan 18 Kaedah 19 (1)(a), (b) atau (d) Kaedah-Kaedah Mahkamah Tinggi 1980 dan/atau dibawah bidang kuasa sedia ada Mahkamah dibawah Aturan 92 Kaedah 4 Kaedah-Kaedah Mahkamah Tinggi 1980:-

(a) perenggan 20 (i) Pernyataan Tuntutan plaintif namely:- 'for the payment by the defendant of rental at RM20,000 or such reasonable sum a month from the date of occupation of the said Lands to the date of payment of the balance purchase price'; (emphasis by this court).

(b) perenggan 20 (ii) Pernyataan Tuntutan plaintif, namely:-'general damages for breach of covenant(s) of the said Agreement' dan/atau(emphasis by this court).

(c) perenggan 20 (iii) Pernyataan Tuntutan plaintif namely 'an indemnity to reimburse all financial liability incurred by the plaintiff for any breach of any building bye-laws and legislation arising from the construction of the structures/factory on the said Lands'. (emphasis by this court).

(2) Apa-apa relief lanjutan yang difikir suaimanfaat oleh Mahkamah Yang Mulia ini;

(3) Bahawa kos permohonan ini dan kos sampingannya hendaklah dibayar oleh plaintif kepada defendan".

3. As stated above, the learned Senior Assistant Registrar having disallowed prayer 1 of the said Summons In Chambers (Enclosure 8) however had granted the alternative prayers namely prayer 2 (a), (b) and (c) of the said Summons In Chamber. The plaintiff who was dissatisfied with the order of the learned Senior Assistant Registrar which had allowed prayer 2 (a), (b) and (c) of the said Summons In Chambers has appealed to the Judge In Chambers (Enclosure 23) to set aside the said order which was given on 14.11.06.

4. The plaintiff's claim against the defendant as per the statement of claim dated 14.6.2006, inter alia and briefly is as follows:-

(a) by a Sale and Purchase Agreement dated 5.7.2005 (hereinafter referred to as 'the Agreement') made between the plaintiff and the defendant, the plaintiff had agreed to sell and the defendant had agreed to purchase the industrial lands at Kinta Free Trade Zone, Chemor for the sum of RM1,328,928.48. The said agreement was conditional upon the fulfillment of certain condition precedent namely:-

(i) the plaintiff is to obtain the consent of the Foreign Investment Committee (FIC) as well as the State Authority under S. 433B of the National Land Code 1965.

(ii) To obtain the consent of the Menteri Besar as endorsed on the title.

(iii) The condition precedent shall be fulfilled within six (6) months from the date of the Agreement.

(iv) Vacant possession of the said lands shall be delivered to the defendant by the plaintiff within five (5) wo