There are two similar applications in Civil Suit C138 of 1985 (C138) and in Civil Suit C438 of 1985 (C438). Both these applications were filed by Lorrain Esme Osman (Lorrain) who is a defendant in both civil suits.

In these applications, Lorrain is seeking the order of the Court to strike out the writs of summons and statements of claim in both civil suits on the ground that each of the statement of claim discloses no reasonable cause of action and/or is vexatious and/or is an abuse of the process of the Court. Alternatively, he is asking the Court to stay all proceedings in respect of both civil suits on the ground that the Courts of Hong Kong being the natural forum and/or forum conveniens before which the actions should be tried and the continuance of the actions before the High Court of Malaya would be vexatious and/or an abuse of the process of the Court. In C438 Lorrain is also asking the Court that, if the Court does not strike out or alternatively stay the action, the following questions or issues should be tried before all other questions or issues in the action namely:

(a) Whether the law applicable to the substantive matters in issue in

the