KAMARDIN BIN HASHIM - JC

1. This is my judgment in respect of the appellants/plaintiffs appeal against the decision of Learned Deputy Registrar who allowed the respondent/defendant's application to strike out the plaintiffs claim under Order 18 Rule 19(1)(d) of the Rules of the High , 1980 (RHC) which is an abuse of the process of the Court.

2. Therefore, the only issue before the Court is whether the plaintiffs claim, as filed herein, is an abuse of process or not.

Brief Facts

3. By way of a letter of undertaking dated 18/11/1999 (the said agreement), the defendant agreed to pay the plaintiff 4% of the total project value of a government contract to build a school in consideration of the plaintiff securing the contract for the defendant. Mode of payment under the said agreement was agreed to be in three tranches/installments. First tranche for the sum of RM100,000.00 was due upon the issuance of the Letter of Intent (LOI) by the government. The second, tranche that is for the amount of 50% of the remaining amount was due upon receipt of mobilization fee from the government and the third tranche ie, 50% of the remaining amount was due upon receipt of the first progress payment