Low Hop Bing J:

Appeal

This is an appeal in encl. (83) filed by appellant-defendant 4 ( & D4 & ) against the decision of the learned registrar who had on 25 July 2003 dismissed with costs D4's application in enclosure (26) seeking to strike out the plaintiff's writ and statement of claim, under Rules of the High Court 1980, O. 18 r. 19 (1)(a), (b) or (d) in that it discloses no reasonable cause of action, is scandalous, frivolous or vexatious or is otherwise an abuse of the process of the court respectively.

D4 has entered unconditional appearance.

A reference hereinafter to an order or a rule is a reference to that order or rule in the Rules of the High Court 1980 unless otherwise stated.

Factual Background

The plaintiff has commenced this action pursuant to a power of attorney given to him as attorney for his principal, DYMM Tuanku Ja'afar Ibni Almarhum Tuanku Abdul Rahman, Yang Di Pertuan Besar Negeri Sembilan Darul Khusus ( & the principal & ) who has authorised the plaintiff to commence this action against all the four defendants who are referred to respectively as D1, 2, 3 and 4.

Where relevant, the plaintiff's statement of claim avers that:

1. D1 is a limited lia