[1] This is an appeal by the appellant against the decision of the Court of Appeal in allowing the respondent's appeal against the decision of the High Court at Kuala Lumpur allowing the appellant's application for the writ and statement of claim of the respondent be struck out with costs. Before the High Court the appellant was the defendant and the respondent was the plaintiff. We shall refer to the parties as they were before the High Court.

Background Facts

[2] The relevant background facts of the case may be summarised as follows:

(i) The plaintiff had filed a suit against the defendant vide Kuala Lumpur High Court suit D1-22-270-2006 ("the 2006 suit") based on the same facts and for the same relief as set out in the present suit D-22NCC-1071-2010 ("the 2010 suit").

(ii) Pursuant to an application by the defendant for discovery of documents in the 2006 suit, an order of Court had been issued against the plaintiff on 31 October 2008 whereby the plaintiff was to file an affidavit to disclose all documents in its possession within a stipulated time.

(iii) The plaintiff did not lodge any appeal against that order of Court in the 2006 suit and neither did the plaintiff comply with the s