Low Hop Bing J

Appeal

On 10 November 1995, the learned senior assistant registrar made an order that the plaintiffs' statement of claim against the sixth, seventh and eighth defendants be struck out. The plaintiffs have now appealed against that decision.

The defendants' application

The sixth, seventh and eighth defendants' application in encl 29 was grounded upon the reason that the plaintiffs' statement of claim against the sixth, seventh and eighth defendants does not disclose any cause of action. Apparently, this application was founded upon O 18 r 19(1)(a) of the Rules of the High Court 1980 ('the RHC'), which means that in such an application, no affidavit evidence shall be admissible: O 18 r 19(2) of the RHC. In the circumstances, I shall refer to the parties' pleadings to determine whether on the averments therein, a reasonable cause of action has been disclosed.

The facts

The following facts, as ascertained from the plaintiffs' statement of claim, are undisputed:

At various dates in 1978 and 1979, the first, second and third defendants agreed to sell subdivided portions of the land held under Title EMR 3323 Lot No 1025, Mukim of Cheras, District of Kajang ('the said land')