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2001 MarsdenLR 1822

SULAIMAN DAUD
TAI CHOI YU – Appellant
Versus
RR SETHU – Respondent


Advocates:
For the plaintiff - Tai Choi Yu; M/s Tai Choi Yu & Co For the 1st defendant - Sim Hui Chuang; M/s Reddi & Co For the 2nd defendant - M/s Dominic Lai & Co

JUDGMENT

Sulaiman Daud JC:

By summons in chambers dated 27 July 2000 (encl. 14) the second defendant applied under O. 18 r. 19 of the Rules of the High Court 1980 ('the RHC')and under the inherent jurisdiction of the court to have set aside and struck out the writ of summons of the plaintiff dated 22 June 2000 on the various grounds set out therein which can be summarised under the following headings, that is to say (i) the plaintiff has no right to be served with or be heard on the petition (ii) the plaintiff's claim is not within the purview or jurisdiction of the High Court (iii) the plaintiff has no locus standito be heard at the petition or in the present action (iv) the writ of summons discloses no reasonable cause of action (v) the action is scandalous, frivolous and vexatious or an abuse of the process of the court. The first defendant, by summons in chambers dated 1 August 2000 (encl. 16), made similar application to strike out the plaintiff's suit on the same grounds as that of the first defendant. Alternatively both the defendants applied for an order that the action herein be stayed until the cost for the suit No. 22-56-2000 (MR) which had been discontinued by the plain

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