Nik Hashim FCJ:

Factual Background

[1] The Government of Malaysia and the Governments of the States of Negeri Sembilan, Perak and Selangor appeal to the this court against the decision of the court of Appeal (Gopal Sri Ram JCA, Richard Malanjum JCA (now CJ (Sabah & Sarawak), Hashim Yusoff JCA (now FCJ)) given on 6 April 2005, whereby the court of Appeal allowed the respondents' appeal with no order as to costs against the decision of the High court (Azmel Maamor J (later FCJ)) which affirmed the senior assistant registrar's (the SAR's) decision in striking out the respondents' writ of summons and statement of claim pursuant to O 18 r 19(1)(a), (b), (c), (d) of the Rules of the High 1980 (the RHC).

[2] Briefly, the facts are that the respondents either are themselves persons who allegedly had suffered from the Japanese Encaphalities (JE)/Nipah virus or are dependants of persons who died from JE/Nipah virus or owners of pigs farms affected by the JE/Nipah virus. Alarmed by the virus, the affected respondents had requested the Federal and the respective State Governments to cull the pigs to contain the virus spreading. The respondents' complaint was that the Federal and the resp