[1] I am in complete agreement with the judgment of my learned brother Abu Samah Nordin, JCA and I concur that the appeal should be dismissed with costs and that the deposit should rightly go to the respondent on account of taxed costs. However, I wish to express my views about the appellants' application to strike out the respondent's writ and the statement of claim pursuant to O 18 r 19(1)(b) of the Rules of the High 1980 ("RHC").

[2] This was not a simple straight forward case of a striking out application. It was not conspicuously clear that the claim on the face of it was obviously unsustainable. Allegations of collusion, breach of trust, conspiracy, fraud and misrepresentation have been hurled at one another. Even the order of