Gopal Sri Ram JCA:

[1] There are two appeals before us. The first is W-02-59-2008 (the striking out appeal); the second, W-02-339-2005 (the intervention appeal). At the suggestion of counsel on both sides we agreed to take both appeals together. But we heard arguments on the intervention appeal first as its result will have a direct bearing upon the striking out appeal. It will emerge later why this is so. There is a brief history to these appeals. Here it is.

[2] The original action in the court below was brought by the 2nd and 3rd respondents in the intervention appeal (as plaintiffs) against twenty defendants. Later, Koperasi Doktor Malaysia Berhad (KDMB) the 1st respondent in the intervention appeal applied to intervene in the action and be added as a co-defendant. The application was opposed by the appellants in the intervention appeal (the 1st, 2nd and 15th defendants in the court below). The judge who heard the application granted it. The 1st, 2nd and 15th defendants appealed that decision. This, then, is the intervention appeal. Later still, KDMB as the added defendant delivered its pleading in the form of a cross claim. It was directed at 1st, 2nd and 15th defenda