Abdul Malik Ishak J:

Introduction

The first defendant, namely, Perwira Affin Bank Berhad (formerly known as Perwira Habib Bank Malaysia Berhad), had applied by way of a summons in chambers in encl 47 to strike out the plaintiff's amended statement of claim in encl 31 under O 18 r 19 of the Rules of the High 1980 ("RHC"). To be precise, encl 47 was worded in this way:

(1) that the Plaintiff's Amended Statement of Claim herein be struck out and the action herein against the First Defendant be dismissed on the grounds that the Amended Statement of Claim:

(a) is scandalous, frivolous or vexatious; or

(b) is prejudicial and embarrassing; or

(c) it is an abuse of the process of this Court;

under O 18 Rule 19 of the Rules of the High , 1980 and/or under the inherent jurisdiction of the Court;

(2) such further or consequential orders as this Honourable Court may deem fit or necessary; and

(3)that the plaintiff do forthwith pay the first Defendant its costs of and occasioned by this action including the costs of this application.

and the grounds in support were said to be (see encl 47 thereof):

The grounds of the application are that this Honourable Court is functus officio and the issues rai