HIGH COURT MALAYA KUALA LUMPUR
SIGNATURE CABINET SDN BHD – Appellant
Versus
LIM KENG HENG & ORS – Respondent
JUDGMENT
Prelusion
[1] The Plaintiff (P) sued the Defendants for fraud. There are six of them.
[2] The 4th Defendant: Aligan Holdings Sdn Bhd (D4Co) applies to strike out the suit under O 18 r 19(1) of the Rules of 2012 (Rules of ).
[3] Should P's suit against D4Co be summarily struck out?
The Limbs Of Order 18 Rule 19(1) That D4 Relies On
[4] D4Co's application to strike out the suit is encl 22. In Encl 22, D4Co states that it relies on these limbs of O 18 r 19(1):
(1) limb (a): that P's suit (Writ and Statement of Claim (SOC)) discloses no reasonable cause of action against D4Co;
(2) limb (b): that P's suit is scandalous, frivolous or vexatious;
(3) limb (d): that P's suit is an abuse of the process of the Court .
The Law On Striking Out
[5] It is well established that so long as P's pleadings disclose a reasonable cause of action, the suit should proceed to trial: (1) Bandar Builder Sdn Bhd & Ors v. United Malayan Banking Corporation Bhd; [1993] 3 MLJ 36; [1993] 4 CLJ 7; [1993] 2 AMR 1969 (SC); (2) Seruan Gemilang Makmur Sdn Bhd v. Kerajaan Negeri Pahang Darul Makmur & Anor; [2016] 3 MLJ 1; [2016] 3 CLJ 1; [2016] 2 AMR 795 (FC).
[6] Further, in Tan Wei Hong & Ors v. Mal
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