JUDGMENT

Choong Yeow Choy J:

Introduction

[1] The Originating Summons in encl 1 was filed pursuant to s 346 of the Companies Act 2016.

[2] The present decision concerns the Notices of Application in encls 31 and 35.

[3] enclosure 35 is the defendants' application to convert the present Originating Summons into a Writ action pursuant to O 28 r 8 of the Rules of 2012, while encl 31 is the plaintiffs' application for discovery pursuant to O 24 rr 3 and 7 of the Rules of 2012.

Conversion Application In enclosure 35

[4] The nub of the defendants' application is premised on the overriding ground that there are a number of "third parties" who will have to be called and hence this Court ought to exercise its discretion pursuant to O 28 r 8 of the RC 2012 by ordering that the proceedings be continued as if the cause or matter had been begun by writ, and accordingly order the proceedings to continue as if the cause or matter had been so begun and should, in particular, order that pleadings shall be delivered or that any affidavits shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof.

The Core Issue

[5] The sole issue before thi