Abdul Malik Ishak J:-

Introduction

[1] This is the 3rd defendant's appeal in encl. 17 against the order of the learned deputy registrar dated 19 April 2005 whereby the latter dismissed with costs the 3rd defendant's application in encl. 11 to strike out the plaintiffs' statement of claim under the provisions of O. 18 r. 19 of the Rules of the High 1980 ("RHC") .

[2] The 3rd defendant goes by the name of Lim Liang Hua and she is the appellant herein and she is also the managing director and an employee of the 1st defendant by the name of HSBC (Malaysia) Trustee Berhad. It is the 3rd defendant who is applying to strike out the plaintiffs' claim. The 2nd defendant is a public limited liability company by the name of HSBC Bank Malaysia Berhad.

[3] The 1st plaintiff by the name of BHLB Trustee Berhad is a registered limited liability trust company while the 2nd plaintiff by the name of Lim Yoke Long is the chief executive officer of the 1st plaintiff.

The Law

[4] The law journals are replete with authorities on the principles underlying an application under O. 18 r. 19 of the RHC . Suffice, for the present exercise, to state the law in the following manner:

(1) that a party may apply