This is the first defendant's application (encl 9) under O 18 r 19 of the Rules of the High Court 1980 ('the RHC'), the inherent jurisdiction of the court and O 92 of the RHC, to strike out the action on grounds that: (i) the plaintiff had not disclosed a reasonable cause of action against the first defendant; (ii) the action is frivolous, vexatious and an abuse of the process of court; (iii) the court has no jurisdiction because it is functus officio to hear the instant action; and (iv) the issues in this action are res judicata.

The background facts, fairly straightforward, may be restated as follows. By an agreement dated 20 May 1977 ('the sale agreement'), one Tan Ah Chim @ Tan Ah Chin ('TAC') as the registered proprietor of land known as Holding 70 TS 5 NED Penang ('the said land') 'sold', whilst Ooi Bee Tat @ Ooi Bee Lee ('OBT' — the plaintiff herein) 'purchased' a portion of the said land measuring approximately 143,969sf, upon the terms and conditions set out in the sale agreement.

However, that sale, in truth, was a joint venture between TAC as landowner and OBT as developer, as the true sale consideration — see cll 2 and 11 of the sale agreement — apart from