This is an application by the defendant, Bank Pembangunan Malaysia Bhd (the bank) under O 18 r 19(1)(a), (b), (c) and (d) of the Rules of the High Court 1980 to strike out the writ of summons and the statement of claim of the plaintiff, Richard Lau Ming Hing @ Lau Richard MH (Lau), in this action.

For the bank, four affidavits were filed: one by its senior manager, Megat Zabidi bin Megat Husain, made on 23 October 1990; another by its advocate Libat Langub, made on 24 April 1991; the third, by Megat Zabidi affirmed on 9 December 1991 and the last, by Dato Anuarul Aini bin Mohd Perai affirmed on 18 February 1992. Lau himself had an affidavit in opposition made on 22 April 1991.

Laus claim in this action

In this action, Lau seeks to set aside the order of this court made on 21 July 1984 in Civil Suit No KG60 of 1983 between the bank as the plaintiff, and Lau and four others as the defendants. The said order made on 21 July 1984 (exh H annexed to Megat Zabidis first affidavit) decreed that Laus defence be struck out and that final judgment be entered against Lau in the sum of RM129,947.94 with interest and costs.

Consent order

Although the said order da