JUDGMENT

Gan Techiong JC:

Introduction

[1] It is not difficult to draft various allegations aplenty in a statement of claim, to create a cause of action when there is actually none. However, once a defendant has filed a striking-out application and adduced evidence in his affidavit to prove that the plaintiff's claim is unsustainable, the onus shifts to the plaintiff to adduce evidence in his affidavit-in-reply - to show that his pleaded claim is not obviously unsustainable and therefore deserves a full trial.

[2] In this case, after verifying the undisputed facts from the affidavits and submissions of both counsel, it was amply clear that the plaintiff's claim is plain and obviously unsustainable. Hence, I was constrained to allow the defendant's application to strike out the plaintiff's writ and Statement of Claim. My reasons are as set out below.

Background Facts

[3] The Plaintiff is a director of a company by the name of Jana Hayat Engineering Sdn Bhd.

[4] The Defendant is a company incorporated in Malaysia and is one of the companies that is part of a larger corporation known as Baker Hughes Oilfield Operations LLC.

[5] NES Global Technical Consultants Sdn Bhd ("NES") is an affiliate of NES Global LLC, which is best described as in the business of providing engineering and technical personnel for other companies that choose to engage contractors instead of hiring their own employees.

[6] Pursuant to a Master Services Agreement for Personnel and Managed Service Provider Program Services entered into between Baker Hughes Oilfield Operations LLC and NES Global LLC on 1 October 2020 ("the Master Services Agreement"), NES Global LLC was engaged to provide manpower services to Baker Hughes Oilfield Operations LLC and its affiliates, including the defendant in this action. The manpower services were to be provided through NES Global LLC or its affiliates or its subcontractors.

[7] In accordance with the terms of the Master Services Agreement, the Defendant engaged NES for the provision of Drilling Supervisor services ("the Services"). The terms of engagement of NES for provision of the Services are set out in the Local Implementation Agreement signed on 22 December 2020 between NES and the defendant ("the NES-BHM Agreement").

[8] In order for NES to provide the Defendant with the Services, NES engaged the plaintiff's said company Jana Hayat Engineering Sdn Bhd ("Jana Hayat") to provide the Services to the Defendant. The terms of engagement between NES and Jana Hayat are set out in the Contract Offer Letter - Limited Liability Company dated 15 July 2024 between Jana Hayat and NES ("the Jana Hayat-NES Contract").

[9] The Defendant is not a party to the Jana Hayat-NES Contract.

[10] At all material times, the plaintiff was the engineer assigned by Jana Hayat to NES for the provision of the Services. Subsequently, the Plaintiff was assigned by NES to the defendant to provide the services of a Senior Drilling Supervisor.

Facts Giving Rise To The Plaintiff's Claim

[11] The Defendant took the position that the plaintiff's performance of the Services did not meet the Defendant's required standards. After the defendant informed NES of its decision to discontinue the provision of Services by NES, NES decided to terminate the engagement of Jana Hayat. Therefore, the assignment of the plaintiff by Jana Hayat was ended.

[12] The Plaintiff was dissatisfied and contacted the staff of the Defendant directly but was told that the mistakes that he made were very serious, and that, in any event, there was no contract between the plaintiff and the defendant.

[13] The Plaintiff was dissatisfied and commenced proceedings by way of this civil suit against the defendant for alleged unfair or unjust dismissal and/or termination of his employment.

The Defendant's Striking-Out Application

[14] The first point raised by the defendant is that there was never at any material time any privity of contract between the plaintiff and the defendant.

[15] Since this court has decided