Ramly Ali J:

[1] Enclosure 11 is an application made by the defendant pursuant to O. 18 r. 19(1)(a), (b) and (d) of the Rules of the High Court 1980 (RHC) whereby the defendant seeks to strike out the plaintiff's writ and statement of claim dated 29 September 2006 on the grounds that the pleadings disclose no reasonable cause of action and that the pleadings are scandalous, frivolous, vexatious and an abuse of the process of the court.

[2] The defendant's application is premised on the following grounds, namely:-

(a) the plaintiff's writ and statement of claim do not disclose any reasonable or recognisable cause of action against the defendant;

(b) the plaintiff's claim is scandalous, frivolous and vexatious and an abuse of the court process as the claim is obviously hopeless and unsustainable; and

(c) the plaintiff's claim is scandalous, frivolous and vexatious as well as being an abuse of the court process as it is contrary to s. 14 of the Courts of Judicature Act 1964.

Factual Background

[3] In his statement of claim the plaintiff pleaded that:

(a) the defendant is a High Court Judge and is attached to the Civil Division of the High Court of Malaya at Kuala Lumpur;

(b)