Mah Weng Kwai JC:

[1] The plaintiff by his originating summons is seeking inter alia, leave of court to commence an action on behalf of the defendant by way of a writ of summons and statement of claim against Dato' Seri S Samy Vellu a/l Sangalimuthu and 8 Others under ss 181A, 181B and 181E of the Companies Act 1965 and O 5 r 4, O 7, O 28 and .

[2] In support of his originating summons, the plaintiff filed and served his affidavit in support (encl. 2) on the defendant on 12 January 2010.

[3] On 25 February 2010 the defendant filed its summons in chambers (encl 12) under O 41 r 6 RHC and/or the inherent jurisdiction of the court for an order to expunge paras 27, 28 to 28.20, 29 to 29.8, 30, 36 to 38 and 51 to 54 (the said paragraphs) appearing in the plaintiff's affidavit (encl 2).

[4] The defendant did not file a separate affidavit in support of its summons in chambers, but relied on matters stated in another affidavit affirmed by Dato' Seri Samy Vellu a/l Sangalimuthu on 24 February 2010 (encl 6) which can be summarized as follows:

(a) The averments made in the said paragraphs to be expunged contravene the rule against hearsay and are contrary to O 41 r 5(1) RHC;

(b) The avermen